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EVERLIGHT sues Nichia in US

Everlight Files Patent Infringement Suit Against Nichia in US Court Seeking To Enjoin Manufacture and Importation of Infringing Products and Monetary Damages; Asks US Court to Declare Two Nichia Patents Invalid

Everlight Electronics Co., Ltd. has filed a patent infringement lawsuit against Nichia Corp. in the United States District Court for the Eastern District of Michigan. The lawsuit seeks to enjoin Nichia from manufacturing, using, importing, offering for sale, or selling its infringing products in the United States It also seeks monetary damages.

Everlight is also asking the U.S. Court to declare two Nichia patents invalid, unenforceable and improperly issued by the U.S. Patent Office.

The legal action is part of Everlight's continued global effort to enforce its intellectual property rights and to protect its products and its customers from litigation attacks by Nichia. Everlight and Nichia are both major competitors in the Light Emitting Diode (LED) manufacturing industry.

In its complaint, Everlight is seeking enforcement of a patent covering LED metallization technology, U.S. Patent No. 6,653,215. Everlight is the exclusive U.S. licensee of the '215 Patent, which is owned by Emcore Corporation. Everlight and Emcore are jointly bringing this action.

Uses for Nichia's LEDs being sold in the U.S. that are alleged to infringe on the '215 patent include residential lighting products, street lights and spotlights. The market for these products is growing rapidly in the U.S. as consumers, electric utilities, and utility regulators all seek to reduce overall electricity consumption and cost. Highly energy-efficient LED lights consume substantially less electricity than equivalent incandescent light bulbs. LED lights also last more than 100 times longer than equivalent incandescent bulbs and more than 10 times longer than equivalent compact fluorescent bulbs.

Everlight is also asking the U.S. Court to declare that Nichia's U.S. Patent Nos. 5,998,925 and 7,531,960 are invalid, unenforceable and improperly issued by the U.S. Patent Office and that Everlight's LED products do notinfringe on those patents. Those patents cover the use of certain types ofphosphors in making white-light LEDs.

www.everlight.com

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