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Patent win for Irish firm's IP action in Germany

Irish organic light-emitting diode (OLED) IP firm Solas has won a patent infringement action in Germany.

The judgment held that the defendants had infringed Solas’ German patent concerning a control circuit for light-emitting diodes.

The technology at issue is used in screens in certain LG and Sony OLED televisions.

The Dublin-based licensor of technology focused on the OLED market says it has won a case in Germany against:

• LG Display Co,
• LG Display Germany GmbH,
• LG Electronics Inc,
• LG Electronics Deutschland GmbH,
• Sony Europe BV.

A detailed, 43-page decision issued on 6 November in the Mannheim District Court in Germany.

Pleased

Ciaran O’Gara, managing director of Solas, said “We are pleased with the decision, in particular the court’s acknowledgement that the efforts of patent licensing companies such as ours, to enforce an injunction in order to encourage infringers to take a license, is an inherent part of the patent system and part of the applicable legal and economic order. 

“It is through this system that innovators are rewarded and encouraged to continue to innovate.” 

Cease and desist

As a result of the decision, the defendants will have to cease and desist from marketing infringing products in Germany.

They will have to recall from commercial customers all infringing products. 

Finally, they will have to render to Solas detailed accounts to establish damages owed by the defendants for sales of infringing products in Germany dating back to April 2009.

Enforcement

The Mannheim District Court stated: “In the opinion of the Chamber, the fact that a patent enforcement entity seeks to enforce a cease-and-desist claim in order to encourage infringers to take out a licence is therefore not, per se, such an exceptional case [justifying the denial of an injunction], but immanent to the patent system as part of the applicable legal and economic order (see already Chamber judgment of 27 February 2009 – 7 0 94/08, Beck RS 2009, 08150).

“The fact that the plaintiff is not active in the market as a manufacturer, but rather exploits the research-and-development work carried out by the University of Stuttgart does not constitute an illegitimate business purpose.

“Rather, the plaintiff thereby indirectly financially supports the university's research and development activities in favour of the commercial technology market.”

Solas OLED Ltd is an Irish OLED technology licensing company based in Dublin.

Portfolio

Established in 2016, Solas has assembled comprehensive intellectual-property portfolios in OLED, fundamental to the design, circuitry and manufacturing of OLED displays.

Atlantic IP is the management company of several patent licensing companies.