Seoul Semiconductor wins further patent ruling

LED maker Itswell has to pay damages of $1.2 million to its rival Seoul Semiconductor for patent infringement.

*** Company Press Release ***

Seoul, Korea -- Seoul Semiconductor has announced that on October 24, 2007, the Seoul High Court in Korea has ruled in favor of Seoul Semiconductor in an appeal on a decision from the Seoul Central District Court to turn down Seoul Semiconductor’s lawsuit against Itswell, a Korea-based LED manufacturer.

Seoul Semiconductor lawsuit sought damages for past infringement of its utility patent for producing white LED as well as an injunction against any further infringing activities. The Seoul High Court also ruled on October 24 that Itswell shall pay Seoul Semiconductor damages compensation in the amount of US$1.2 million.

This successful outcome of this lawsuit closely follows the October 11 decision from the Patent Court of Korea to reject lawsuits brought by Itswell and Taiwan-based Advanced Optoelectronic Technology Inc. (AOT) to overturn earlier rulings from the Korean Intellectual Property Tribunal (see Seoul Semiconductor wins LED patent challenges).

The Patent Court of Korea had rejected invalidation actions against Seoul Semiconductor’s utility patent for producing white LED. The Patent Court of Korea’s action was a clear acknowledgement of the novelty and validity of Seoul Semiconductor’s patent,

Similarly, the Seoul High Court’s decision on October 24 represents a significant step towards cementing the position of Seoul Semiconductor’s patent in the LED marketplace.

Seoul Semiconductor’s extensive utility patent for producing white LED was first issue in the leading markets such as US, Korea, Japan and Taiwan.

In 2005, Seoul Semiconductor filed and won the preliminary injunction for infringement of patent pertaining to its white LED against AOT. AOT has given up appealing the case.

AOT and Itswell has responded to infringement injunctions by filing invalidation actions against Seoul Semiconductors white LED patent in the Korean Intellectual Property Tribunal, the Taiwanese Intellectual Property Tribunal and the Patent Court of Korea. Invalidation actions brought by AOT and Itswell have all been turned down.

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