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LED creative infringement caused fierce confrontation

Around with mobile phone, digital camera and PDA small LCD panel backlight side light source using a light emitting white light emitting diodes (LED) creative infringement, Nichia semiconductor in Seoul and South Korea has launched a fierce battle in South korea. The two sides dispute the object is known as the side emitting type. Nichia chemical industries to each other has infringed its American Creative rights on the grounds that in January 2006 Seoul will be reported on the U.S. semiconductor upstate California Federal District court. The original Nichia chemical industries except Seoul semiconductor and its American subsidiary of the white LED users in the United States Innovation Laboratory (Creative Labs, Inc.), American innovation Holdings (Creative Holding, Inc.) and Singapore based company filed a lawsuit. Later and after the 3 companies reached a settlement, but the lawsuit with the Seoul semiconductor continues. Seoul semiconductor announced in Seoul semiconductor white LED MP3 manufacturer Baron Tech Korea asked South Korea patent court Nichia chemical industries in South Korea have the creative right invalid in the case, the court has made Nichia patent right invalid creative judgment. The right to sign up for the registration of the right to the white LED, including a total of 9. According to the introduction of Seoul semiconductor, the right to fight in South Korea and the United States in the United States are involved in the case of creative rights are basically the same. Seoul semiconductor believes that South Korea large domestic manufacturers as the center of Nichia chemical industries every year with the creative power of product supply reached about 200 billion won. Nichia called "has given up by South Korea ruled invalid creative power" in this regard, Nichia said about Baron Tech request creative right registration invalid judgment, Nichia in December 2006 1 to the court submitted up involved in South Korea's creative power. The right to apply for the cancellation of registration is the creative right related to the basic design (294490th) and the creative right of the creative design (similar to the number 2). Similar design is mainly used for side protection Nichia operating luminous white LED 335 series". Although the similar design does not exist the problem of formalities "(Nichia), but the basic design is decision problems, so there may be invalid request judgment, so the rights also give up. Said Nichia chemical industries to give creative power in explanation of the reason, according to South Korea's presiding judge the interpretation that similar design and basic design of a legal relationship, so when the basic design was disallowed, similar design will also be failure. Nichia claimed that "due to South Korea's unique system in the creative rights protection law, which led to a similar design in disallowed state". For the 335 series of creative infringement issues, in addition to South Korea two overseas, Nichia chemical industries is still in Taiwan sued 2 companies. Nichia chemical industries although "for South Korea similar design was disallowed is not recognized, but in order to focus on the United States and the case in Taiwan, decided to take the initiative to give up the idea right in South korea.

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