The "blue LED litigation" final settlement in village was 800 million yen settlement

As the famous "blue LED litigation", or "404 patent litigation", around the huge compensation equivalent to the service invention litigation case appeal trial, the parties reached a settlement in January 11, 2005. Settlement of gold for 608 million 570 thousand yen (about RMB 46 million 800 thousand yuan)". Plus an annual interest rate of 5%, Nichia will total to pay Village "843 million 910 thousand yen (about 64 million 900 thousand yuan)". As a result of the invention of the lawsuit and in November 19, 2004 reached a settlement, with the Japanese taste of artificial sweet seasoning.

In the case of the case of "a case of saccharin", the Tokyo High Court did not produce a basis for the settlement of the settlement. In the case of blue LED, the high court of Tokyo calculated the equivalent reward and treated it as a settlement.

The high court of Tokyo has presented and calculated on the basis of gold, because Nichia chemical industries "as receiving the terms of the settlement was put forward, asking the court to show the calculation method and the verdict is greatly different from the truth, can let people fully accept the compensation equivalent formula" (Nichia).

It is worth noting that, in the village of request compensation equivalent to patent only relates to a blue LED gallium nitride (GaN) compound crystal growth method "2Flow MOCVD" in the "404 patent", but the high court of Tokyo issued in the mediation, but in all patents on the village in Nichia chemical industry as the inventor of the industry work, pay all the calculated equivalent.

In this regard, the Tokyo high court in the reconciliation of the settlement issued by the "viewpoint" in some wrote: "Nichia accepted by the appellant (Village) compensation equivalent to all service invention patent rights are transferred, we believe that through the reconciliation of all settled, for both parties have extremely important." "In the village, in 404 after the patent has been advocated filed a lawsuit against other patent" (Nichia), but the high court of Tokyo believes that the future, including the lawsuit, in order to achieve full reconciliation, how to see the results of this reconciliation "(" and solutions of some points "). Between the village and the Nichia lawsuit, so far all over.

Tokyo court finds, in a blue LED in addition to the 404 invention patent, is also included on the GaN compound P type transformation "thermal degradation process" (annealing) patent, low temperature GaN buffer layer (GaN buffer layer) patent, patent, double heterostructure quantum well structure, the relevant patent the transparent electrode of patents, and patent white light and other important or effective patent through a combination of blue phosphor and LED. On this basis, including the patent, including the patent to the village to participate in the inventor, all the equivalent compensation calculated. As an equivalent remuneration for all of these patents, the final result of the Tokyo high court was 608 million 578 thousand and 801 yen.

The calculation formula of the "variable", that is to say, the implementation rate and contribution is also different from the results of the first instance verdict. In the settlement of the high court of Tokyo, the implementation rate of all of these patents, from 1994 to 1996 was 10%, from 1997 to 2002 was set as "7%"". The first instance verdict, from 1994 to 2010 the whole period, the implementation rate of 404 patents were assessed as "20%".

Tokyo High Court issued in the book of reconciliation, the village on the contribution of all of the above patents, from 1994 to 2002 was 5%". In the first instance, the village said in a statement, alone found a dream like blue light-emitting diode, in the first instance verdict made a very high verdict, that is, 50%". And this will be identified as the first instance of 1/10. For the degree of contribution, Nichia said "this means patents related to the Tokyo high court found that the village is not alone invented the blue LED".

In addition, since Nichia chemical industries signed a cross licensing contract with other competitors after 2002, that is to say, on 2003 in the later time, according to the average amount of the period from 1994 to 2002 (average compensation equivalent), calculated according to the average effective time of important patents for 9 years, multiplied by the proportion of 7, calculated the equivalent compensation.

Nichia the lawyer Nagashima Aji, according to the calculation formula of the high court of Tokyo in the settlement book issued, calculated the compensation equivalent to 404 patent. The amount of the highest estimate is 10 million 100 thousand yen (about RMB 780 thousand yuan) (Long Island). 404 patents, after the first instance verdict, the extent of the patent effect, legal experts and researchers in the field of GaN, and the field of manufacturers are questioned. They said that this patent is not a basic patent, and there is an alternative technology, for the 2flow approach, in terms of patents and papers and other precedents, it should include the cause of invalid". Based on these observations, it will be a very low equivalent reward.

Nichia said: "even in the village including all patents, compensation equivalent to 600 million yen is too high, can not accept. But if the case to continue playing, there is no benefit to the company (Note: even completely successful, Nichia industry can get the amount is zero). Hope to understand the lawsuit, to carry out business." So he accepted the settlement.