UPC enforces strict deadlines in Seoul Viosys LED dispute

The dispute at the Paris local division concerns Seoul Viosys’ EP P 3 404 726. The patent protects an ultraviolet light-emitting device. It is in effect in France, Germany, the Netherlands, and the UK. Seoul Viosys uses this technology in its light-emitting diodes, which are either sold individually or integrated into electronic devices marketed under the Violeds brand name.

Seoul Viosys accused Laser Components of infringing the patent with UVC LED chips produced by Korean manufacturer Photon Wave. The patent owner initially launched an infringement claim against the French division of Laser Components. Photon Wave later joined as an intervening party. Photon Waves filed a revocation action, which the court dismissed as inadmissible.

Strict deadline

The reason for this dismissal was that Laser Components and Photon Wave had failed to file a counterclaim for revocation at the Paris local division within the deadline. The court rejected a request to extend the deadline.

Later, Photon Wave filed a standalone revocation claim at the Paris central division and asked the local division to stay the infringement proceedings pending the decision on the patent’s validity. The local division rejected the stay and a subsequent appeal by Photon Wave was deemed inadmissible.

Furthermore, the central division declared itself incompetent in the revocation action and transferred the case to the local division, which then dismissed the standalone revocation action as inadmissible.

The proceedings were conducted in French, with requests for a change of language filed by the defendants rejected. Since the main defendant — the French division of Germany-based Laser Components — is based in France, the court saw no reason to comply with the request.

Yesterday, the panel ruled that the defendant infringed the patent (case ID: UPC_CFI_440/2023). The panel comprised presiding judge Camille Lignières, legally qualified judges Peter Tochtermann and Carine Gillet, as well as technically qualified judge Anthony Soledade.

However, their order to cease and desist, recall, put aside or destroy the products, and produce information only applies to French territory. The judges argued that Seoul Viosys did not provide evidence that the defendant sells the infringing chips in the other countries covered by the patent.

Long-standing cooperation

Linklaters has worked with Seoul Semiconductors and its subsidiary Seoul Viosys for years. The German practice represented the Korean tech company in the German dispute against Epileds and Conrad Electronics. Frankfurt-based partners Julia Schönbohm and Bolko Ehlgen led the team.

Linklaters team (L-R): Manon Surel, Olaf Isfort, Laetitia Nicollazi, Gaëlle Bourout, Pauline Debré, Julia Schönbohm

They are also representing both companies against Expert Klein at the Düsseldorf local division. For the UPC proceedings, they teamed up with the French practice led by Pauline Debré, including newly appointed partner Gaëlle Bourout and associates Laetitia Nicolazzi and Manon Surel.

The team also cooperated with Seoul Semiconductor’s General Counsel & Lead IP Litigation Counsel Kiho Kim.

The international team worked with patent attorney Olaf Isfort from Schneiders & Behrendt, who provided technical assistance. Isfort has collaborated with Linklaters for Seoul Semiconductors for years. He has UPC experience, having represented NUC and its European distributor Warmcook at the Mannheim local division. He worked alongside Preu Bohlig lawyers in the Korean kitchen appliance manufacturer’s dispute with Hurom.

Patent attorney Helge von Hirschhausen of German IP boutique GSKH Grosse Schumacher Knauer von Hirschhausen represented the main defendant Laser Component. Lawyer Stefan Eichhammer, counsel in the same firm, assisted in legal matters.

The Germany-based producer and provider of components for the photonics industry is a long-time client of the IP firm. The contact originated in a defence against an infringement claim and led to GSKH also conducting patent filing and prosecution work for the client.

The firm worked alongside representatives from Munich-based patent attorney firm Prüfer & Partner, who acted for intervening party Photon Waves. The team was led by partners Dorothea Hofer and Andreas Oser and included Peter Klein. Ok Joo Lee, a Korean patent attorney at the firm who initiated the contact to the client, assisted.