Taiwan's Supreme Administrative Court, regarding Japan-based Nichia's accusations that Taiwan-based LED packaging company Everlight Electronics infringed upon its Patent Nos.089 and 036, has determined the two patents are invalid, meaning Everlight has finally won the lawsuit in Taiwan.

Nichia filed charges against Everlight for patent infringement in 2006, and Everlight was once ordered to pay compensation of NT$80 million (US$2.5 million) for infringement of Nichia patents. Everlight appealed to Taiwan's Intellectual Property Court in early 2011, and the court ruled to invalidate the two Nichia patents. Nichia then appealed to the Supreme Administrative Court but the court has upheld Intellectual Property Court's judgment.

Everlight's R&D and patent staff has been probing Nichia patents and has found evidence to support the invalidity of some patents, Everlight claimed. Everlight has globally challenged the validity of 21 of Nichia's patents, Everlight indicated. Everlight has applied for nearly 1,400 patents of its own and has obtained approval for more than 700, the company said.

Nichia filed a patent infringement lawsuit against Everlight with the Tokyo District Court in September and Everlight has responded by filing a lawsuit in Japan to invalidate Nichia's patents, the company indicated.

Everlight said its plans to market LED lighting products in Japan in 2012 remain unchanged.