Intellectual property news, 4 years ago, Taiwan China LED electronics Limited by Share Ltd (hereinafter referred to as enterprises in Eastern Michigan Everlight) United States District Court for the District of Japan Nichia Chemical Industries Corporation (hereinafter referred to as Nichia) proposed the patent invalid and no infringement claims two white LED patent. The case after years of trial, before the date of the latest results, the United States District Court for the Eastern Michigan respectively to the two patent is not creative and impossible to enforce the judgment on the grounds that Nichia lost. The news came out in the industry caused no small shock.
In recent years, the international giant LED to Nichia as the representative of the use of its powerful patent reserves continue to put pressure on China's LED enterprises, LED enterprises in China under the hitherto unknown pressure. In this regard, industry experts said, in favor of Everlight has positive significance for domestic enterprises, domestic enterprises in the market at the same time, we should strengthen the independent research and development, promote industrial upgrading, and actively carry out the patent layout, enhance their own strength, lifting Chinese LED enterprises in the international market and ownership right to speak.
Foreign giants triggered patent litigation
Reporters learned that as the LED industry giants, Nichia holds a large number of basic patents, an absolute monopoly in the field of LED. These patents cover the LED structure, epitaxy, chip, packaging of the whole process of manufacturing technology and phosphors and other related raw materials. However, in recent years, with the continuous rise of domestic LED enterprises, Nichia to master the use of patent to Chinese an enterprise.
Insiders said that in order to control the Nichia LED market, use a basic patent master to suppress competition; on the other hand through the patent cross licensing patent woven net, most of the bright younger generation in isolation in the high profit market outside. "Although by Nichia and photoelectron billion to reach a cross licensing as the end of the dispute, but only the two patent is invalid, in order to completely for the development of the industry unbundling, and promote the development of LED application market. Liu Chen, assistant general manager of China Unicom, said in an interview with China Intellectual Property News reporter.
If you want to become an international LED companies, not only need to save 'patent muscle', but also need to compete with the giants on the same stage. "Deputy Secretary General LED Industry Patent Alliance chairman Wang Hua said in an interview with this reporter, photoelectron billion through this lawsuit successfully invalid 2 patents Nichia, caused widespread concern in the industry. As the number of OSRAM, TOYOTA, CREE, PHILPS and other synthetic company has in the field of LED patent is increasing, and the company Nichia has gradually reached a settlement and patent license agreement, the basic use of the lawsuit reconciliation -- cross licensing model. The patent is invalid the Nichia, that giants through the construction of patent cross licensing of patent network has begun to loosen, will begin to build a new white LED patent layout, which will provide new opportunities for domestic enterprises. Domestic enterprises can expand the market at the same time, strengthen independent research and development, promote industrial upgrading, and actively carry out patent applications and layout, by improving their own strength, change the existing development pattern.
Actively respond to the reserve patent ammunition
In fact, for domestic LED companies, going out is bound to face patent issues. Foreign giants have long been intellectual property as a weapon, through the layout of the patent will be excluded from the competition in the market, in order to obtain monopoly profits. "Technology development and application in the future is the internationalization of the enterprises should have a global perspective of positive research and development of advanced technology, patent analysis, patent to strengthen early warning, accurate judgment of the market trends, improve the patent layout. "Wang Hua said, because the domestic enterprises started late, and there is a certain gap between the accumulation of foreign patent, LED in the context of an increasingly competitive market, enterprises encounter China patent litigation or will become the norm, in addition to the domestic enterprises have a certain strength of defense, whether they have good mentality responding decision is an important factor to the lawsuit the success of the.
"When an enterprise is involved in patent litigation in the international competition, it has to compete with the international big company's strength, growth to erode competitors' enemy 'monopoly profits and the enterprise can be successfully crossed this Kaner is whether the patent is an important symbol of the success of the sea. Wang Hua said that for the current rapid development of China's LED industry, in addition to do globalization perspective, respect for the rules of the game, but also actively respond to intellectual property litigation.
It is understood that China's relevant departments through a variety of ways for domestic enterprises to "go out" to provide intellectual property information service, the establishment of intellectual property information platform to promote the development of enterprise internationalization, overseas intellectual property dynamic information, environmental information, legal information, practical information for enterprises. In addition, LED industry patent alliance is to carry out a "LED industrial protective patent collection plan", which aims to obtain the ability to achieve the desired results and a sufficient number of patents, commissioned by the development of independent application, patent, patent purchase entrusted operation in 3 ways to build patent portfolio, improve the overall strength of China's LED industry patent.
"The purpose of this project is to build a virtuous circle of intellectual property value chain of LED industry, and promote the effective circulation of patent assets, so as to protect our LED enterprises from the patent litigation,
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