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| January 19, 2015 |
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Supreme Court of Korea Dismisses Appeal by U.S.-based Intematix;
Recognizes Validity of Red Phosphor Patent Owned by Mitsubishi Chemical
and the National Institute for Materials Science
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Mitsubishi Chemical Corporation
National Institute for Materials Science
Mitsubishi Chemical Corporation (MCC; Head office: Chiyoda-ku, Tokyo; President: Hiroaki Ishizuka) and the National Institute for Materials Science (NIMS; Location: Tsukuba-shi, Ibaraki Prefecture; President: Sukekatsu Ushioda) today announced that the Supreme Court of Korea has dismissed an appeal by U.S.-based Intematix Corporation contesting a patent for red phosphor, a material used extensively in light-emitting diodes (LEDs), owned by MCC and NIMS (Korean Patent No.816693*1). The dismissal is effective January 15, 2015, therefore, judgment of the Patent Court of Korea on the patent's validity became final and binding.
Intematix brought legal action in the Intellectual Property Tribunal of the Korean Intellectual Property Office on September 7, 2012, to invalidate the patent, but on April 30, 2013, the Tribunal dismissed the claim and ruled that the current patent was valid. Intematix appealed that decision to the Patent Court of Korea on May 30, 2013, but on June 3, 2014, the court dismissed every aspect of the appeal and the patent validity was awarded. Intematix appealed once again, but its appeal was dismissed by the Supreme Court of Korea, and therefore the judgment that Intematix's invalidation claim was without reason became final.
MCC filed patent infringement litigation against Intematix and GVP, Ltd., its sales agent in Korea, in Seoul Central District Court on December 20, 2011. On February 5, 2013, that court ruled in MCC's favor and banned the import and sale of Intematix products in Korea*2. The court's ruling is currently under appeal, but we hope the Supreme Court's ruling on the patent's validity expedites the prompt appeal trial.
MCC and NIMS will remain vigilant in taking necessary and appropriate action to halt patent infringement.
*1
The Korean Patent No. 816693 is a basic patent broadly covering nitride-type red phosphor known as CASN phosphor, SCASN phosphor, or 1113 phosphor (the phosphor whose general formula is (Sr,Ca)AlSiN3:Eu, etc.), and LEDs, lighting devices, backlighting for LCD panels, etc., that use the phosphor. MCC has patents registered not only in Korea, but also in Japan, the U.S., China, and Taiwan.
CASN and SCASN, because of their high brightness and reliability, are the red phosphors used most extensively in LEDs. Red phosphor manufactured and sold by MCC has earned high regard among LED manufacturers. MCC holds many other patents related to the red phosphor in addition to the one in question.
*2
Case No. 2011 Gahap138404
For further information, please contact:
Public Relations and Investor Relations Office
Mitsubishi Chemical Holdings Corporation
Tel: [+81] (0)3-6748-7140
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