Patent Dispute between OSRAM OPTO SEMICONDUCTORS GmbH and KINGBRIGHT ELECTRONIC (SHENZHEN) CO., LTD.
2009-03-26
OSRAM OPTO SEMICONDUCTORS GmbH (the plaintiff) brought before Beijing No. 2
Intermediate People's Court a lawsuit against KINGBRIGHT ELECTRONIC (SHENZHEN) CO.,
LTD. (the defendant) and argued that its invention "luminous semiconductor device, full-color light
emitting diodes display device and their applications" has been granted a patent in China on July 12,
2006 (Patent No. ZL97197402.0). Without its authorization, the defendant exploits the patent,
including making, selling, and offering to selling white light emitting diodes, which constitutes
patent infringement. The plaintiff requested the court to judge the defendant to stop infringement
acts immediately, compensate for its reasonable expenses of 8986 CNY, and pay the litigation fees.
During the process of the lawsuit, the plaintiff applied for a technical appraisement to the
defendant's goods. The appraisal conclusion holds that the defendant's goods fall in the protection
scope of the plaintiff's patent right.
On August 28, 2007, the defendant requested the Chinese Patent Re-Examination Board to declare
the plaintiff's patent invalid. Simultaneously, it also requested the court to suspend the trial. On
August 27, 2008, the Chinese Patent Re-Examination Board made a decision that the plaintiff's
patent involved in the case remains in effect.
Upon examination, the court holds that:
Although the court has been requested to suspend the trial, it will not support the defendant's
request, because the patent involved in this case is an invention patent which has passed the
substantial examination by Chinese State Intellectual Property Office.
Without the plaintiff's authorization, the defendant