Seoul Semi LED patent sales ban will have implications across Europe

A judgement by the Unified Patent Court will see a  sales ban and destruction of products infringing a key LED patent from Seoul Semiconductor in eight European countries.

The decision on the “No Wire” (WICOP) LED patent will have wider implications for automotive and healthcare designs in the region as the patent also covers chip on board (COB) and chip scale packaging (CSP).

The No Wire technology enables LED miniaturization and improves light extraction efficiency by enhancing light reflection and current spreading. This is essential for high-efficiency LEDs in multiple industries, such as LEDs for mobile phone flash, micro LED displays, automotive headlamps, and high power lighting.

The UPC decision sees Expert e-Commerce, the third largest European online retailer with roughly $14bn in annual revenue, has been ordered to stop selling infringing products in eight European countries. It was also ordered by the UPC to retrieve and destroy infringing products.

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WICOP LED devices have been used for adaptive driving beams (ADB), grille displays and rear lamps, as well as SunLike, a healthy interior lighting source that enables users to maintain their circadian rhythm 24 hours a day with a natural spectrum, and Violeds, a disinfection technology that will protect people from the threat of viruses.

Seoul Semi has won many rounds in the courts since a case against Everlight brought in the UK 2018, but the judgement from the UPC orders the destruction of infringing products. Seoul Semi is the first non-European patent holder to win a judgment in the main patent infringement proceedings. This judgment also set a record for the highest number of countries subject to the UPC’s order for injunctions and recall and destruction of infringing products.

In the past, patent infringement decisions were only effective on a country-by-country basis, forcing patent holders to spend significant time and cost in enforcing patents across different European countries. Seoul also confronted LED companies that evaded enforcement by merely changing product names and then continuing to sell infringing products, along with large corporations that knowingly purchased the products.

The UPC decision will result in a comprehensive sales ban against infringing products across various European countries.

“A culture of respecting patents will motivate young people and small businesses to pursue innovation, ultimately contributing to the development of a better world,” said Chung Hoon Lee, Seoul’s founder and CEO.

Seoul Semi recently settled with Amazon on the sale of infringing products.