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Tokyo High Court Judgment on Lawsuit Demanding Annulment of JPO Ruling on Opposition Concerning Blue LED Patent

April 24, 2002

Toyoda Gosei Co., Ltd. ("Toyoda Gosei") (President: Mr. Takashi Matsuura) previously brought a suit before Tokyo High Court (Heisei-11 (Gyou-ke) No. 398) against the JPO's "Ruling to Revoke Patent" decided on October 1, 1999 with respect to the opposition (Heisei-10 Opposition No. 71450) (Opponent: Sakae Takagi, Sharp Corporation, Yoshiya Masunari and Keiichi Gonjo) concerning the following patent, which is one of the patents relating to a gallium nitride based compound semiconductor light-emitting diode which Toyoda Gosei owns. 
Regarding this case, the 13th Civil Division of Tokyo High Court (Judge Katsumi Shinohara as Presiding Judge) rendered today (April 24, 2002) the judgment to the effect that the action is dismissed.
It is a matter of regret that Toyoda Gosei's assertion in this case was not accepted by Tokyo High Court. As regards measures to take from now on, we will decide upon thoroughly reviewing the contents of the judgment. 
Please note that this patent is not the subject matter in the series of infringement lawsuits between Toyoda Gosei and Nichia Corporation.

NOTE
 
1. Subject Patent
   
  Patent No. 2658009
   
(1) A gallium nitride based compound semiconductor light-emitting diode having the first layer comprising an n-type gallium nitride based compound semiconductor and the second layer comprising a p-type impurity doped gallium nitride based compound semiconductor, wherein
   
(2) the electrode of the aforementioned first layer comprises Al, or Ti, or an alloy having content thereof; and
   
(3) the electrode of the aforementioned second layer comprises Ni or an alloy containing Ni; and
   
(4) said gallium nitride based compound semiconductor light-emitting diode has the above features.