Case of patent infringement of red phosphor, MITSUBISHI chemistry wins first instance

In October 30, 2018, MITSUBISHI Chemical Co., Ltd. (Headquarters: thousand Dai Tian District, Tokyo), President: and He Changzhi, hereinafter referred to as the "company", received the first instance judgment on the patent infringement case of the red phosphor. The judgment found that the defendant was in Yantai, China, Hilde new material Co., Ltd. (English Name: Yantai Shield Advanced Materials). Co., Ltd., hereinafter referred to as "Hilde company", infringed on the company's patent rights.

In January 23, 2015, the company infringed the national research and development of the company's material and Material Research Institute (hereinafter referred to as "NIMS") by Hilde company, and the Chinese patent of the company's common red phosphor (China Patent No. ZL200480040967.7, No. ZL200710199440.4 and ZL201110066517.7), hereinafter referred to as the "patent". "(Note 1), on the grounds of the case, filed a lawsuit with the intermediate people's Court of Shenzhen, requesting the court to order that it stop the infringement and compensate for the loss of such products. After hearing, the Shenzhen intermediate people's court supported the company's claim and ordered Hilde to stop its infringement and compensate the company for 6 million yuan.

China is the largest producer of LED packaging, and is also the main producer of red phosphors. The largest producer of white LED packaging is the company that has supported the company's claim and ordered Hilde to stop infringement and damages. It is of great significance. In addition, the winning judgment in this case is of great significance not only for the phosphor industry, but also for the whole white LED industry, and for the healthy development of the two industry and orderly competition.

In addition, the patent is the basic patent of the red phosphor known as CASN, SCASN or 1113 phosphor. Hilde filed a request for invalidation with the Patent Reexamination Board in July 2015. However, the Patent Reexamination Board has rejected Hilde's proposition and maintained that the patent is effective. Our company has received the examination decision in April 7, 2016. In the future, if there are other patents infringing on the company, the company will take appropriate measures and will not tolerate it.

In addition, the implementation permission of the LED package for the use of the patent related red phosphor must be approved by the NIMS, the co owner of the patent.

(Note 1) this patent is commonly referred to as CASN, SCASN or 1113 phosphor, and is basically composed of (Sr, Ca) AlSiN3:Eu, CaAlSiN3:Eu and other nitride type red phosphors and the basic patent of LED packaging. Because this red phosphor has high brightness and reliability, it can be widely used in the white LED red phosphor compared with the previous phosphor. In addition to this CASN, SCASN phosphor or 1113 phosphor, the company also has many other related patents.

In addition, the patent is authorized in Japan, the United States, South Korea and Taiwan.

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