DSS Overcomes Nichia Challenge to LED Patent at Fed. Circuit

Nichia Corp. failed to convince the Federal Circuit to revive its administrative challenge to the validity of a patent on LED technology that it stands accused of infringing.

Chief Judge Kimberly A. Moore, writing for a three-judge panel, rejected Nichia’s arguments that part of DSS Inc.’s U.S. Patent No. 6,879,040 was indefinite and the Patent Trial and Appeal Board wrongly relied on the indefinite term when they refused to invalidate it.

Nichia had asked the board to review the patent after DSS sued it in 2019 for alleged infringement. Nichia argued unsuccesfully that various of the patent’s claims were invalid ...