LSG v. Nichia and OSRAM

Shearman & Sterling secured a significant IP litigation victory for its clients Nichia and OSRAM.

Nichia and OSRAM, two of the world’s leading light emitting diode (LED) manufacturers —along with two other manufacturers and several customers—were sued for patent infringement by Lighting Science Group Corporation and its subsidiaries Healthe Inc. and Global Value Lighting (collectively, LSG).

The case was brought in the United States International Trade Commission (ITC) and sought to block importation of numerous LED products. The litigation is captioned In the Matter of Certain Light-Emitting Diode Products, Systems, and Components Thereof (III), Inv. No. 337-TA-1168.

The Administrative Law Judge granted summary determination of no infringement and lack of a technical domestic industry on half of the patent claims, and, after the evidentiary hearing, issued an Initial Determination, finding that the remaining claims were likewise not infringed, that LSG had failed to show a technical domestic industry, and that several of the claims were also invalid.

Nichia Corporation is a Japanese chemical engineering and manufacturing company headquartered in Anan, Japan with global subsidiaries. It specializes in the manufacturing and distribution of phosphors, including light-emitting diodes (LEDs), laser diodes, battery materials, and calcium chloride.

OSRAM is a German multinational lighting manufacturer headquartered in Munich, Germany, founded in 1919 by the merger of the lighting businesses of Auergesellschaft, Siemens & Halske and Allgemeine Elektrizitäts-Gesellschaft (AEG)

Shearman & Sterling advised Nichia and OSRAM with Thomas R. Makin (Picture), Mark Hannemann, Matthew Berkowitz, Patrick Colsher, Eric Lucas, Shaina Schwartz, Ahmed Eldessouki, Daniel Chozick, Joy Wang, and David Cooperberg.

Involved fees earner: Matthew Berkowitz – Shearman & Sterling; Daniel Chozick – Shearman & Sterling; Patrick Colsher – Shearman & Sterling; David Cooperberg – Shearman & Sterling; Ahmed ElDessouki – Shearman & Sterling; Mark Hannemann – Shearman & Sterling; Eric Lucas – Shearman & Sterling; Thomas Makin – Shearman & Sterling; Shaina Schwartz – Shearman & Sterling; Joy Wang – Shearman & Sterling;

Law Firms: Shearman & Sterling;

Clients: Nichia; Osram;

Author: Ambrogio Visconti