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DSS, Inc. (NYSE:DSS) announced today that, in a unanimous decision, the Court of Appeals for the Federal Circuit (CAFC) rejected Nichia Corp.'s challenge to U.S. Patent No. 6,879,040 (the ‘040 Patent). U.S. Chief Circuit Judge Kimberly Moore, who authored the opinion, and U.S. Circuit Judges Kara Stoll and Tiffany Cunningham sat on the panel for the Federal Circuit.
The CAFC appeal mounted by Nichia Corp., a Japanese electronics company, asserted that a 2021 Inter Partes Review (IPR) decision by the USPTO Patent Trial and Appeal Board declaring the ‘040 Patent to be valid should be overturned. The arguments put forth by Nichia were soundly defeated by the Board in 2021 and now, again, by the CAFC.
In her opinion, Chief Judge Moore stated that the Court reviewed the Board's claim construction de novo including all subsidiary factual findings based on extrinsic evidence. Based on that review, Chief Judge Moore stated that the Board proceeded exactly as prescribed by case law and affirmed that "The Board was … correct in rendering its patentability determination … [and that] Nichia did not meet its burden to show [the] claims … are unpatentable."
The ‘040 patent was purchased by DSS, Inc. as part of a portfolio of patents covering technologies used in Light-Emitting Diode (LED) lighting products.
Frank D. Heuszel, President and CEO, congratulated the legal team for their great work adding that the CAFC decision "should put to rest the validity of the ‘040 patent." Heuszel continued, "We will pursue Nichia for patent infringement damages associated with Nichia's LED product line."
Posted In: DSS
