Technical Insight
Rohm forced to explain its actions in court case against Nichia (LED News)
More information has emerged about Rohm s complaint against Nichia that was lodged with the US International Trade Commission (ITC) in December 2000. Although Rohm subsequently withdrew the complaint (see Compound Semiconductor June 2001, p10), an ITC judge has now ordered Rohm to explain exactly why the complaint was lodged in the first place. Nichia claims that Rohm "used the ITC to further an alleged conspiracy to exclude Nichia from the US market" and "improperly obtained and attempted to enforce patents that it knew were invalid". In its original ITC submission, Rohm alleged that two of its US patents relating to nitride-based emitters were being infringed on by Nichia. Rohm sought damages and an injunction against Nichia to prevent importation into the US of certain of Nichia s LED products. The ITC has the power to block imports that can harm domestic industry in the US. Since Rohm and Nichia are both Japanese companies, the ITC would not normally have jurisdiction in such a case. However, Nichia contends that Rohm fabricated the existence of a domestic industry by establishing a relationship with Cree, solely to invoke ITC jurisdiction in the case. In December 2000, three days prior to filing the ITC complaint, Rohm entered into several agreements with Cree (see Compound Semiconductor February 2001, p8). One of these granted to Cree an exclusive five-year license to use the technology disclosed in the same US patents that were at the center of the ITC complaint. Rohm and Cree also signed a purchase agreement for LEDs, and agreed to co-operate in the development of nitride-based lasers. Court documents from the ITC state that "the allegations concerning the licensing arrangements between Rohm and Cree raise serious questions of potential abuse of Commission processes".
