News Article
TRG fined € 5,000 for not complying with Nichia
The District Court Düsseldorf prosecuted TRG for selling white LEDs online after removing the product from its shelves.
On January 18, 2011, the District Court Düsseldorf in Germany ordered The Republic Group Handelsvertretung GmbH (TRG) to comply with Nichia’s claims upon TRG’s acknowledgement.
In particular, TRG was requested to cease and desist from offering for sale, placing on the market or using, or importing or possessing for any of the aforesaid purposes in Germany regarding specific white LED products covered by Nichia’s YAG patent EP 936 682 (DE 697 02 929)
However, TRG continued to offer for sale one of the attacked embodiments (Harvatek HT-U158TW) on its website after the judgment.
On July 25, 2011, therefore, the District Court Düsseldorf ordered TRG to pay a fine of € 5,000. According to the decision the District Court Düsseldorf concluded that, even if not intentionally, TRG caused the breach at least by gross negligence, and, therefore, this cannot be regarded as a minor breach or “less severe case.” For this reason the District Court said that it could not rule out that there will be another breach in the future.
