Mitsubishi Chemical Corporation*1 (MCC; Head office: Chiyoda-ku, Tokyo; President: Masayuki Waga) today announced that on October 30, in the first trial, it obtained a judgment recognizing the infringement of its patent for red phosphor in China by Yantai Shield Advanced Materials Co., Ltd (Shield).

On January 23, 2015, MCC filed a suit in the Shenzhen Intermediate People's Court alleging that products of Shield infringed on the patents*2 (No. ZL200480040967.7, No. ZL200710199440.4, and No. ZL201110066517.7) for red phosphor, owned by MCC and the National Institute for Materials Science (NIMS). MCC sought an injunction on the production and sale of phosphors in China and damages in this litigation. The court recognized MCC’s claim and adjudicated an injunction to the aforementioned Shield’s infringement action and to order Shield to pay a total of 6 million yuan (approximately 100 million yen) as compensation.

China is the world’s largest producer of LED packages, and also boasts the largest production of white LED packages, the main application for red phosphor. Winning this litigation and having the court recognize MCC’s claim and order the injunction and compensation for damage, has great significance for MCC, which has made significant investment and worked to develop this business in a proactive manner for many years. The judgement is also important not only for the phosphor industry, but also for the entire white LED industry, and MCC believes it will lead to sound growth and consistent orders in both industries.

In this litigation, the basic patent for red phosphor called CASN, SCASN, or 1113 phosphor is involved, and Shield filed a claim requesting the invalidation of the patents in July 2015. However, the board dismissed every aspect of the claim and recognized the validity of the patents, and MCC received written decisions effective April 7, 2016*3.

MCC shall not overlook any party infringing on any of MCC's intellectual property, and will take every appropriate measure.

Meanwhile, licensing of LED packages using the patent-related red phosphor needs to receive the licensing from the co-owner of the patent, NIMS.

*1 The initial plaintiff name is Mitsubishi Chemical Corporation (currently MCC).

*2 This is the basic patent related to nitride-type red phosphor known as CASN, SCASN, or 1113 phosphor, whose general formula is CaAlSiN3:Eu, (Sr,Ca) AlSiN3:Eu, etc. This type of red phosphor is the most broadly used in white LEDs due to its high luminance and reliability. Regarding CASN, SCASN, or 1113 phosphor, MCC owns numerous relevant patentsother than the above patent.
The patents are registered in Japan, the U.S., Korea, and Taiwan in addition to China.

*3 Press release announced on April 21, 2016
    https://www.m-chemical.co.jp/en/news/kagaku/00366.html