Japan-based Nichia Corp. has urged the Federal Circuit to vacate Texas Judge Rodney Gilstrap’s decision denying the company’s bid to block a rival from infringing three Nichia LED semiconductor patents after he found the patents were valid and infringed, saying the judge violated the court’s rules.

In a brief filed Wednesday, Nichia argued that in concluding the company had failed to satisfy the irreparable harm requirement for injunctive relief, the Eastern District of Texas federal judge had ignored the parties’ pre-trial stipulations and uncontested trial evidence. Those included that Nichia and Taiwan-based Everlight Electronics Co. Ltd. are competitors, that the LED market is a “design-win market” in which even one lost sale can cause incalculable future harm, and that Everlight has marketed infringing LEDs to many of Nichia’s most important U.S. customers. Read more