Foley Secures Federal Circuit Victory for Nichia in Patent Case

On April 16, 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the US Patent and Trademark Office’s (USPTO) cancellation of all claims of U.S. Patent No. 6,653,215 (the “’215 Patent”) owned by Emcore Corporation as a result of an Inter Partes Review filed by Nichia Corporation.

Emcore and its exclusive licensee, Everlight Electronics, asserted the ’215 Patent against Nichia in litigation in the Eastern District of Michigan. In response, Nichia filed a petition with the USPTO for Inter Partes Review, challenging all claims of the ’215 Patent as unpatentable on September 16, 2012 (the first day such proceedings became available under the Leahy-Smith America Invents Act). On February 11, 2014, the USPTO issued a written decision in favor of Nichia, finding all claims of the ’215 Patent to be unpatentable.

Emcore appealed the USPTO’s decision to the Federal Circuit. The USPTO solicitor’s office intervened in the appeal in support of Nichia. Oral argument in the appeal was held on April 10, 2015. Less than one week later, the Federal Circuit issued a decision in favor of Nichia which summarily affirmed the USPTO’s cancellation of all claims of the ’215 Patent.

The Foley team that represented Nichia before the Federal Circuit included Andrew S. Baluch and Stephen B. Maebius. Nichia is represented in the district court litigation by Michael D. Kaminski, Steven J. Rizzi, and Lisa S. Mankofsky.