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Toyoda Gosei Files Additional Damages Suit against Nichia Corporation Based on Blue LED Patents

October 15, 2001

Toyoda Gosei Co., Ltd. ("Toyoda Gosei", President: Mr. Takashi Matsuura) previously filed on September 28, 2001 a patent infringement lawsuit based on the following Subject Patent Rights 1 against Nichia Corporation in the Osaka District Court seeking injunction against Nichia Corporation's manufacturing, use, sale and offering for sale of the gallium nitride based Blue LED.
Today, Toyoda Gosei added a claim for damages against Nichia Corporation based on the following Subject Patent Rights 1 and 2 to the above-mentioned lawsuit.

Toyoda Gosei is claiming an approximate amount of 15.5 billion yen for damages incurred during the period from April 16, 1998 to June 30, 1999.

With respect to both of Patent No. 2737053 and Patent No. 2681733, which are the bases for this claim for the damages, although the JPO rendered Trial Decisions to the effect that these patents are invalid, Tokyo High Court Judgments annulled the JPO's Trial Decisions (Judgment was rendered for the former on March 21, 2001, and for the latter on October 9, 2001 respectively).

Please also note that the Tokyo High Court Judgment that annulled JPO's Trial Decision concerning Patent No. 2737053 became final and conclusive by the Supreme Court's dismissal of Nichia Corporation's appeal on September 14, 2001.

 
1.Subject Patent Rights 1

Patent Number: No. 2737053

  • Date of Registration: January 16, 1998
  • Filing Date: December 26, 1990
  • Patentees: Toyoda Gosei Co., Ltd. and two others
 
2. Subject Patent Rights 2

Patent Number: No. 2681733

  • Date of Registration: August 8, 1997
  • Filing Date: October 29, 1992
  • Patentees: Toyoda Gosei Co., Ltd. and two others