Elite, a major LED packaging and lighting brand, and Nichia have been locked in a patent war for 10 years. Recently, Nichia’s two major phosphor patents, 925/960, were ruled invalid. This newspaper exclusively interviewed Ye Yinfu, Chairman of Everlight, to thoroughly analyze the significance of winning the lawsuit and its future prospects.
Q: Nichia’s two patents 925/960 have been around the world for many years. What is the significance of this victory?
Answer: It is of great significance. Everlight’s victory this time is not only a victory for the LED industry, but also a victory for Taiwan’s entire technology industry. These two patents have a wide range of applications, so I set up a decisive battle from the beginning. If the patent threshold is not broken, the market will not be able to enter the market.
For example, mobile phones, televisions, and lighting can all be used. In the past, when we went outside to win orders, Nichia would send letters warning customers about patent concerns. Therefore, we cannot enter many large mobile phone factories and lighting factories.
Q: What is Everlight’s strategy for winning the lawsuit?
Answer: Take the initiative. Everyone mistakenly thought that Nichia was suing Yiguang, but it was true in Taiwan at first. But when we found that we could not go global, we began to take the initiative to advocate Nichia's "patent invalidation" in important global markets such as Japan, the United States, and the European Union.
Our team is also working very hard. Nichia has been in the market for so many years, and even major manufacturers are afraid of it and want to reconcile with it. Everlight’s Intellectual Property Department went through relevant cases over the years, peeling off the cocoons one by one to find the most favorable angle of claim. Do you know how many pages of data my colleagues read? Including litigation documents, business data, and various evidence, at least 1 million pages!
Q: Litigation is very expensive, why doesn’t Everlight choose to settle?
A: Frankly speaking, there was an opportunity for reconciliation before, but Nichia did not take advantage of it. Nichia came to Taiwan last year and took the initiative to tell the media: "If there is good interaction between the top management of both parties, everything can be discussed." At that time, the German court had just ruled that Everlight had won the case. To express our goodwill, we did not release this news to the outside world. It's a pity that I made an appointment with Nichia once, and when I asked for a second appointment, nothing happened.
Q: After the patent victory, what is the performance outlook of Everlight?
Answer: This battle has been going on for 10 years, and Everlight has invested a lot of resources. Intellectual property colleagues are fighting on the front line, while business and R&D are working hard at the rear to strive for technology and performance. Now that the patent issue is resolved, we are ready to move forward.
There are two iron bull sculptures at Everlight's headquarters. If you look carefully, they are fighting bulls with strong legs, not plowing buffaloes. They symbolize the spirit of Everlight's all-out sprint. Everlight's production expansion plan this year is also on schedule. The new factory in Miaoli Tongluo is scheduled to be put into production by the end of the year, or even sooner than October this year.
ANNA