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UPC CFI 440/2023

Dec 5, 2023·EP3404726 · ULTRAVIOLET LIGHT-EMITTING DEVICE

Action number: ACT 588685/2023

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Paris LD
Technology
  • Electrical engineering
    Semiconductors
Language
French
First decided
Feb 12, 2024
Last decision
Apr 24, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Paris LDLockedLocked
Judge Camille LignièresLockedLocked
Judge Carine GilletLockedLocked
Judge Peter TochtermannLockedLocked
Judge Anthony SoledadeLockedLocked

At the UPC: Seoul Semiconductor Group (29 cases)·Laser Components SAS (2 cases)

Decisions
  • 2025-04-24
    Infringement ActionPublic

    Summary: The Paris Local Division found that Laser Components SAS infringed EP 3 404 726 owned by Seoul Viosys Co. Ltd., ordered corrective measures including withdrawal and destruction of infringing UV-C LED chips from the French market, and directed disclosure of information for damages calculation, while reserving the quantum of damages for a separate procedure.

    Show the legal issues (4)
    • Patent infringement of UV-C LED chip patent
    • Claim interpretation (mesa indentations, passivation layer openings)
    • Corrective measures (Art. 64 UPCA)
    • Information disclosure for damages calculation
  • 2025-02-17
    Infringement ActionPublic

    Summary: The Paris Local Division issued an interim management order following the preparatory conference (R. 105.5 RoP) in the infringement action by Seoul Viosys against Laser Components SAS and Photon Wave Co. concerning EP 3 404 726 (UV LEDs). The order summarised the key contested legal and factual issues (claim interpretation, PKB chip characteristics), fixed the case value at EUR 500,000 (rejecting the defendant's argument for EUR 250,000), and scheduled the oral hearing for 13 March 2025.

    Show the legal issues (4)
    • Interim management conference order (R. 105.5 RoP)
    • Claim interpretation (contact electrode, bump electrode, passivation layer openings)
    • Case value determination (R. 370.6 / R. 104(i) RoP)
    • Default procedure for absent defendant
  • 2024-07-24

    Summary: The Paris Local Division issued a procedural order addressing the schedule and management of the Seoul Viosys v. Laser Components infringement action, including Photon Wave's intervention and a parallel revocation action at the Central Division.

    Show the legal issues (3)
    • Procedural management
    • Third-party intervention
    • Stay pending parallel revocation action (Rule 118(2)(b) RoP)
  • 2024-05-06

    Summary: Order of the Paris Local Division (full panel) on several procedural applications filed by Photon Wave Co. Ltd. (intervener/third party supporter of defendant Laser Components SAS) and Seoul Viosys Co. Ltd. (claimant) in an infringement action concerning EP 3 404 726. The court: (1) held that Photon Wave had not filed its revocation brief within the deadline set for the party it supports, and rejected its application for extension of that deadline; (2) rejected Photon Wave's request to change the language of proceedings from French to another language, holding that neither the nationality of a party's representative nor of the intervener justifies a language change; (3) rejected Photon Wave's request for an autonomous revocation brief on the basis that an intervener cannot develop claims contrary to those of the party it supports; (4) rejected Seoul Viosys's request for postponement of its reply deadline.

    Show the legal issues (4)
    • Intervener's limitations: cannot develop claims contrary to supported party (Rule 313 RoP)
    • Deadline for intervener's revocation brief tied to supported party's deadline
    • Language of proceedings: refusal of change based on representative or intervener nationality (Rule 322 RoP)
    • Refusal of extension of deadline for autonomous revocation brief (Rule 9 RoP)
  • 2024-03-14

    Summary: Procedural order (in French) granting Laser Components SAS an extension of the deadline for filing its Statement of Defence in the infringement action brought by Seoul Viosys. The extension was granted due to technical difficulties experienced by the third-party intervener (Photon Wave Co.) in the CMS system and the anticipated filing of a separate invalidity counterclaim requiring coordination.

    Show the legal issues (3)
    • Extension of time period (Rule 9.3 RoP)
    • Third-party intervention (Rule 316.2 RoP)
    • Technical difficulties with CMS
  • 2024-02-27

    Summary: The Paris Local Division refused the defendant Laser Components SAS's request to change the language of proceedings from French to English (the language in which the patent was granted) in Seoul Viosys Co., Ltd v Laser Components SAS. The Court applied R. 322 RoP and Art. 49.4 UPCA, finding that while the plaintiff is Korean and chose French, the defendant is a French company based in France, and neither the representative's nationality nor a forced intervenor's nationality constitutes sufficient grounds of convenience or equity to justify a language change. The request was therefore rejected.

    Show the legal issues (2)
    • Language of proceedings under Art. 49.4 UPCA and R. 322 RoP
    • Change to patent language — grounds of convenience and equity
Document titleDatePublic
Acknowledgement-of-change-of-a-representative2025-04-30Not public
Application-RoP293-Receipt2025-04-29Not public
Formal-checks_Notification-of-positive-outcome2025-04-29Not public
Application-RoP2932025-04-28Not public
Withdrawal Dorothea Hofer from Representation2025-04-28Not public
Headnote-and-Keyword-Translated2025-04-24Not public
Headnote-and-Keywords2025-04-24Not public
décision anonymisée2025-04-24Not public
DecisionOutcome2025-04-24Not public
Décision au fond2025-04-24Not public
Coverage: Thin.Reasoning extracted with limited coverage — see decisions tab for full text.
Plain-English summary

Seoul Viosys sued Laser Components SAS for infringement of its UV-C LED chip patent EP 3 404 726 in France, with Photon Wave (Korean manufacturer) joining as an intervener. The Paris Local Division found infringement and ordered Laser Components to withdraw and destroy its stock of infringing UV-C LED chips with an astreinte, to disclose distribution and sales information for damages calculation, and declared Laser Components liable for damages to be quantified in separate proceedings; a EUR 50,000 provisional cost contribution was also awarded.

Accepted arguments
What the court agreed with — by party.
  • EP 3 404 726 is infringed by Laser Components SAS's UV-C LED chips sourced from Photon Wave

    ClaimantLegal basis: Art. 64 UPCA

    Note: The Paris Local Division found infringement of Seoul Viosys's UV LED patent by Laser Components' commercially supplied UV-C LED chips on the French market.

  • Corrective measures including withdrawal and destruction of infringing products are appropriate

    ClaimantLegal basis: Art. 64 UPCA

    Note: The court ordered Laser Components to withdraw infringing UV-C LED chips from the French market and destroy its stock, with an astreinte of up to EUR 50 per product.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.

Claim construction notes

The Paris Local Division's decision concerns EP 3 404 726 (ultraviolet light-emitting device with specific electrode and passivation layer architecture including mesa indentations and bump electrodes). The excerpt contains the full claim text of the maintained claims but does not include detailed claim construction reasoning, as the decision is primarily presented in its operative part.