On December 17, 2014, Patent Reexamination Board of SIPO formally issued a document which declared the entire invalidity of patent right of patent for invention of Dow Corning Toary Co., Ltd., i.e. “Curable Organopolysiloxane Composition and Semi-conductor Device” with patent number of 200480028707.8. Since the patent involved in the case was declared entirely valid, LED Organic Silica Packaging Adhesive-KMT-1269 Patent Infringement Case lodged by Dow Corning (China) Investment Co., Ltd. to Shanghai No. 1 Intermediate People’s Court against our company was also rejected due to lack of foundation of rights of litigation. To this end, the patent infringement dispute case between our company and Dow Corning which lasted for 8 months finally came to obvious.

We hereby extend our sincere gratitude to our domestic and foreign new and regular customers, peers, guilds and relevant competent departments who offered us trust and support for a long time. We shall especially thank for the efforts exerted by Linda Liu & Partners and Weichixue Law Firm during litigation.

[Event Review]

On April 14, 2014, our company received a subpoena from Shanghai No. 1 Intermediate People’s Court. Dow Corning Toary Co., Ltd. (hereinafter referred to as “Dow Corning”) authorized its subsidiary Dow Corning (China) Investment Co., Ltd. (hereinafter referred to as “Dow Corning Company”) to file a civil lawsuit against our KMT-1269 product and claim that our product infringed upon the patent right of patent for invention of Dow Corning (patent number: ZL200480028707.8).

On April 18, 2014, Dow Corning Company released a message in its home page, indicating “Dow Corning Beginning to Defense Its Cutting-edge LED Optical Organic Silicon Potting Adhesive Important Chinese Patent”. Under the condition that the court didn’t hold a hearing and make any ruling, Dow Corning Company claimed that our company utilized its patented technology to produce and sell product and alleged that all high-refraction silica gel products containing benzyl as sold in the market infringed upon its patent.

On April 21, 2014, our company released “Statement on Patent Infringement Prosecuted by Dow Corning Company against Our Product” in our home page to make an official reply. This statement indicated, “KMT-1269 is a product independently researched and developed by our company. Our company will actively respond and safeguard our legitimate rights and interest”. Meanwhile, since Dow Corning Company declared the patent infringement of our KMT-1269 product to the outside under the condition that the court didn’t hold a hearing or make any court ruling or judgment, the statement indicated, “We will reserve the right to hold any behavior maliciously damaging our reputation legally liable”.

On April 28, 2014, Patent Reexamination Board of SIPO formally accepted our request for invalidation of invention for patent of Dow Corning (patent number: ZL200480028707.8). We put forward in this request that the content of this patent was already made open by multiple existing technical literatures and therefore it didn’t fit the regulations of novelty and creativity in the patent right. As a result, this patent should be declared invalid according to law.

On August 4, 2014, Patent Reexamination Board of SIPO issued a document to forward Reply to Request for Invalidation from Dow Corning which requested combined modification of claim of right for the patent involved in the case, thus greatly reducing the scope of claim of right of the patent involved in the case.

On September 16, 2014, Shanghai No. 1 Intermediate People’s Court conducted cross-examination and investigation of basic facts in form of preparatory court. Since Dow Corning initiatively reduced the scope of right of claim to result in the change of litigation basis, the court didn’t make any judgment/ruling.

On November 13, 2014, Patent Reexamination Board of SIPO conducted public oral hearing of request for invalidation of Chinese patent of Dow Corning mentioned above.

On December 17, 2014, Patent Reexamination Board of SIPO formally issued a document which declared entire invalidity of patent right of patent of Dow Corning involved in the case with patent number of ZL200480028707.8.