Toyoda Gosei wins more patent cases against Nichia
Patent No. 2,735,057
Patent No. 2,735,057 refers to a nitride semiconductor light-emitting device comprising of an active layer comprising a nitride semiconductor containing indium and gallium, an n-type InGaN clad layer and a p-type AlGaN clad layer which are respectively in contact with such active layer.
Judgments of Tokyo District Court: Whereas the first face of the two faces of the "active layer" in contact with the first n-type clad layer should be construed to be limited to an InGaN layer in the subject invention, the outermost layer of the multiple quantum well structure in contact with the n-type InGaN layer corresponding to the "first n-type clad layer" is not an "InGaN layer" but a "GaN layer" in Toyoda Gosei s product.
Patent No. 2,770,720
Patent No. 2,770,720 refers to a GaN compound semiconductor light-emitting device comprising a transparent electrode for making an ohmic contact, containing Au alloy and formed almost all over a p-type layer, and an electrode for bonding, containing Au and not containing Al or Cr to prevent an ohmic contact with said electrode.
Judgment of Tokyo District Court: Since it is reasonable to conclude that "Al preventing an ohmic contact with said electrode" in the subject invention refers to Al itself as an element, the product of Toyoda Gosei does not infringe the subject patent, in view of the actual existence of Al in Toyoda Gosei s product.
Nichia loses appeal
On March 11, 2002, the Supreme Court in Japan rejected an appeal by Nichia to overturn a previous decision in favor of Toyoda Gosei, concerning patent no. 2,778,405. Nichia owns the patent, and Toyoda Gosei applied to have the patent rendered invalid. In Deecember 1999, the Japanese Patent Office rejected this demand. Toyoda Gosei took the case to the Tokyo High Court, which annulled the JPO s decision in October 2001. Nichia appealed to the Supreme Court against the judgment, but this appeal has now been rejected.
Patent No. 2778405 refers to a GaN-based compound light-emitting device having an Mg-doped p-type GaN contact layer above an Mg-doped p-type GaAIN clad layer in a GaN-based compound light-emitting device of a double-hetro structure with p-n contact.
Judgment of Tokyo High Court: Concerning the JPO s Trial Decision to the effect that both the novelty and inventive step exist in the invention, Tokyo High Court rendered judgment that the subject patent is invalid by rejecting the JPO s Trial Decision on the ground that the invention has no inventive step, without even going to the extent of judging the novelty.
Judgment of Supreme Court: The Supreme Court rendered judgment to the effect that "the final appeal of the subject case is dismissed. The subject case is not accepted for final appeal trial."
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