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2 November 2007


Appeals court reverses outcome of Osram-Dominant dispute

Courtesy of LEDs Magazine

The US Court of Appeals for the Federal Circuit has ruled that the International Trade Commission (ITC) made an error in its claim construction of Osram GmbH's US patents 6,066,861, 6,245,259, 6,277,301, 6,592,780 and 6,613,247 relating to phosphors used with white LEDs, and that the patents were infringed by Malaysia-based rival LED maker Dominant Semiconductors.

The ITC decisions were announced in early 2006, following a complaint made by Osram.

The issue in question was how to calculate the mean diameter of phosphor grains contained in the LEDs. The appeals court said that the ITC should have calculated the mean diameter using a number-based approach, rather than a volume-based approach.

As a result, the court said that Osram's LEDs were covered by the patents under discussion (the ITC had ruled previously that this was not the case), and that the patents were infringed by Dominant's ‘Normal Series LED’ phosphors.

See related items:

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Epistar sues Lumileds for breach of settlement agreement

Nichia expands patent cross-license with Cree; files white LED patent lawsuit against Seoul in Korea

Seoul signs LED patent cross-license agreement with Osram; Nichia lawsuit dismissed in US

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