Shuji Nakamura Patent wars

LED-FX

Enlightened
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-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Wednesday, March 27, 2002 2:54 PM
To: [email protected]
Subject: PATNEWS: Did Nakamura lie in his blue LED patent applications?


!20020327 Did Nakamura lie in his blue LED patent applications?

Years ago, while at Nichia Corporation in Japan, Shuji Nakamura
invented a way to manufacture blue Light Emitting Diodes (LEDs). It is
an important technology, with lots of patents and patent fights between
the growing number of players in this field. What follows are three
items that form a partial snapshot of this saga.

The first is a letter from a US District Judge to a US Attorney,
reporting that in a deposition, Nakamura stated the he submitted false
data in US patent applications dealing with the blue LEDs. If so, the
declaration could be used to invalidate the patents, owned by Nichia.
The question is whether Nakamura is lying about lying, since he and
Nichia are in the midst of lawsuits against each other, and Nakamura is
now working for one of Nichia's competitors (who would stand to gain if
the Nichia patents are declared invalid).

After this letter is a May 2001 article from Nikkei Business on the
background of the litigation involving blue LEDs. This is followed by
the rough draft to my article for the IEEE Spectrum on another company
in the gallium nitride (what blue LEDs are made from) arena, Nitronex.

An interesting story to watch (and play the market on).

Greg Aharonian
Internet Patent News Service
====================


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
POST OFFICE BOX 2143
WILMINGTON, NORTH CAROLINA 28402


JAMES C. FOX March 15, 2002 Telephone:
SENIOR JUDGE (910)-815-4738


Mr. Peter W. Kellen
Assistant United States Attorney
Terry Sanford Federal Building, Suite 800
310 New Bern Avenue
Raleigh, North Carolina 27601-1461

Re: Shuji Nakamura


Dear Mr. Kellen:

I am enclosing a copy of the deposition taken of Shuji Nakamura on
November 1 and 2, 2001. The deposition was taken in connection with the
patent litigation, NC State University and Cree Inc. v. Nichia Corporation
and Nichia America Corporation, No. 5:00-CV-703-F(2) (NCED).

The litigation involves, among other things, the validity of U.S.
Patent Nos. 5,306,662 (Deposition Exhibit 24); 5,578,839 (Deposition
Exhibit 26); 5,747,832 (Deposition Exhibit 27); and 5,767,581 (Deposition
Exhibit 28). In the course of his deposition, Dr. Nakamura, beginning
at page 177, indicates that he intentionally submitted false data in
conjunction with the applications for the aforesaid patents. It would
appear, then, that Dr. Nakamura either has committed perjury in this
court, or alternatively, has committed perjury in filing applications for
the patents listed and has given false statements to the United States in
violation of Title 18 United States Code Section 1001.

The commercial significance of these patents is enormous, and the
litigation pertaining thereto will be lengthy and complex. If found to be
appropriate by the Department of Justice, I recommend prosecution of the
deponent.

Inasmuch as the deposition was filed under seal in the civil litigation,
I request that only so much thereof as might be necessary for criminal
proceedings be open to the public.

Sincerely yours,

James C. Fox
Senior United States District Judge
 

danno

Newly Enlightened
Joined
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Messages
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Location
Michigan
Very interesting. I doubt that he is "lying about lying," even if he works for a Nichia competitor, because, as the letter indicates, he has set himself up to be prosecuted on a perjury charge.
 

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