A preliminary analysis of LED patents used in infringement lawsuits (1)

[Source: "High-tech led-technology and application" January issue / Liang Bingwen Wang Feng Huang Jin] Since the 1990s, the global LED lighting industry has been showing a high degree of patent litigation, especially in the late 1990s. It’s a situation of flocks. However, after entering the 21st century, with the establishment of a wide-ranging patent cross-licensing agreement between Nichia, Philips, Cree, Toyoda Gosei, Osram and other manufacturers, it is more obvious that these IP-powered manufacturers are in emerging countries such as Korea and Taiwan. The trend of LED lighting practitioners to suppress them individually or together. This can be seen in the widespread and ongoing patent infringement lawsuits filed by companies such as Nichia and Osram for companies such as Jingyuan, Yiguang, Seoul Semiconductor and Samsung LED since 2003 (see Table 1).

Throughout the domestic LED lighting industry investment scale continues to expand, the emergence of listed companies and the rapid increase in production capacity, as well as the rapid growth of the LED consumer market, it is not difficult to foresee that in the near future, the domestic LED industry is very likely to encounter patent infringement lawsuits. Therefore, you must take precautions and take precautions.

In this article, the author would like to analyze some of the key patents held by Nichia, in order to help the domestic LED lighting industry.

According to the statistics of the Taiwan Science and Technology Policy Research and Information Center and the author's survey, Nichia has obtained about 74 basic patents so far. These basic patents exist in the United States, Japan, Europe, Korea and other countries or regions. A large number of family patents, and Nichia relies on these patents to build a solid patent barrier and a rigorous patent network, which in turn has a huge market share and high profits. In the past eight years, Nichia has repeatedly used the patents shown in Table 2 or a combination thereof for litigation. Therefore, the domestic LED lighting industry should pay special attention to these patents.

Specifically (see Table 2), these key patents can be roughly divided into the following three technical topics: a white LED package based on YAG phosphors; 2. an LED structure with an ohmic electrode; and a manufacturing method; Graphical substrate based LED structure.

Among them, the first technical topic is one of Nichia's most advantageous technical fields, and the patents related to the technical subject are easier to prove. Therefore, such patents are most frequently used in the infringement lawsuit filed by Nichia. In addition, the impact level of such patents is mainly LED packaging and application plants, and about 80% of domestic manufacturers are engaged in LED packaging and application related work. Therefore, the domestic LED lighting industry needs especially for such patents. Pay attention to it. Furthermore, in fact, in 2006 and 2010, Nichia accused British retailer Argos and Wilmar of the United States of infringement of patents EP0936682 and US5,998,925, and forced Argos and Wilmar to replace their suppliers of white LED products ( Also known as Nichia's third-party Asian manufacturers, including Mulinsen, Fujian Wanbang, Ningbo Shengpu, Cixi Ruijian, Ningbo Kanghong and Dongguan Yongxing Company, and turned to Nichia to purchase white LED products. Although the lawsuit did not directly target the domestic LED lighting industry, it also caused the overseas sales channels of some domestic LED companies to be blocked. Subsequently, in 2009, Nichia filed an infringement allegation against Shenzhen Weiwei and its overseas branches directly in the US East German court in US$5,998,925. Although the case ended with a settlement between the two parties, it is believed that Shenzhen Weiwei paid quite The price.
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For more information, please refer to the "High-tech LED - Technology and Applications" January issue

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