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26 October 2007


Seoul wins appeal for damages and injunction against Itswell

The Seoul High Court has ruled in favor of LED maker Seoul Semiconductor’s appeal against the Seoul Central District Court’s decision to turn down its lawsuit against rival LED maker Itswell of Cheongwon Chungbuk, Korea.

The firm’s lawsuit sought damages for past infringement of its utility patent for producing white LED as well as an injunction against any further infringing activities. The High Court has therefore also ruled that Itswell should pay Seoul Semiconductor $1.2m in damages compensation.

This follows the Patent Court of Korea’s decision on 11 October to turn down appeals by both Itswell and Advanced Optoelectronic Technology Inc (AOT) of Hsinchu, Taiwan to overturn the Korean Intellectual Property Tribunal’s rejection of invalidation actions regarding Seoul Semiconductor’s white LED patent.

In 2005, Seoul Semiconductor won preliminary injunctions for patent infringement against both AOT and Itswell. AOT and Itswell responded by filing the invalidation actions against Seoul Semiconductor in the Korean Intellectual Property Tribunal, the Taiwanese Intellectual Property Tribunal and the Patent Court of Korea. With the Patent Court of Korea’s 11 October decision, these have now all been turned down. AOT has since given up appealing the case, says Seoul Semiconductor.

Seoul Semiconductor has therefore overturned all invalidation actions and, now, won the lawsuit seeking damages for past infringement and injunctions against any further infringing activity on its white LED patents. The firm claims that this illustrate the novelty and validity of its white LED patent. 

See related items:

Seoul defeats white LED patent actions by AOT and Itswell

Nichia files second Korean patent lawsuit against Seoul Semi

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

AOT loses Taiwan patent invalidation action against Seoul Semiconductor

Nichia sues Seoul Semiconductor's Japanese subsidiary over white LEDs

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