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  • Tokyo District Court rendered judgments in favor of Toyoda Gosei (to the effect of non-infringement) in both the two (2) Patent Infringement Cases concerning Blue LED

Tokyo District Court rendered judgments in favor of Toyoda Gosei (to the effect of non-infringement) in both the two (2) Patent Infringement Cases concerning Blue LED

February 28, 2002

Toyoda Gosei Co., Ltd. ("Toyoda Gosei")(President: Mr. Takashi Matsuura) has been in disputes with Nichia Corporation concerning a total of eleven (11) Patent Infringement Cases (7 cases filed by Nichia Corporation and 4 cases filed by Toyoda Gosei) with respect to a gallium nitride-based blue LED. Among the above lawsuits, concerning the two (2) Patent Infringement Cases filed by Nichia Corporation based on the following rights, Tokyo District Court Civil Division No. 46 (Judge Ryoichi Mimura as Presiding Judge) rendered judgments today in favor of Toyoda Gosei (to the effect of non-infringement) for both the above two (2) cases.

In 2001, Toyoda Gosei consecutively won four (4) cases including Trial Decision Annulment Case judgments rendered by Tokyo High Court concerning the gallium nitride-based blue LED in disputes between Toyoda Gosei and Nichia Corporation, and further this time, Toyoda Gosei won both the above two (2) Patent Infringement Cases.

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1.Subject Rights and Summary thereof

(1) Patent No. 2735057
   
  "A nitride semiconductor light-emitting device comprising of an active layer comprising a nitride semiconductor containing indium and gallium, an n-type InGaN clad layer and a p-type AlGaN clad layer which are respectively in contact with such active layer "
   
(2) Patent No. 2770720
  "A gallium nitride compound semiconductor light-emitting device comprising a transparent electrode for making an ohmic contact, containing Au alloy and formed almost all over a p-type layer, and an electrode for bonding, containing Au and not containing Al or Cr to prevent an ohmic contact with said electrode"

2.Judgments of Tokyo District Court

(1) Patent No. 2735057
   
  Whereas the first face of the two faces of the "active layer" in contact with the first n-type clad layer should be construed to be limited to an InGaN layer in the subject invention, the outermost layer of the multiple quantum well structure in contact with the n-type InGaN layer corresponding to the "first n-type clad layer" is not an "InGaN layer" but a "GaN layer" in the product of Toyoda Gosei.
   
(2) Patent No. 2770720
  Since it is reasonable to conclude that "Al preventing an ohmic contact with said electrode" in the subject invention refers to Al itself as an element, the product of Toyoda Gosei does not infringe the subject patent, in view of the actual existence of Al in the product of Toyoda Gosei.