UPC enforces strict deadlines in Seoul Viosys LED dispute

Photon Wave may not sell its UVC LED chips in France. The Paris local division has ruled that a patent owned by Seoul Viosys is infringed. However, the decision only applies to France and does not extend to other UPC countries where the patent is valid.

The dispute at the Paris local division concerns Seoul Viosys’ EP P 3 404 726. The patent protects an ultraviolet light-emitting device. It is in effect in France, Germany, the Netherlands, and the UK. Seoul Viosys uses this technology in its light-emitting diodes, which are either sold individually or integrated into electronic devices marketed under the Violeds brand name.

Seoul Viosys accused Laser Components of infringing the patent with UVC LED chips produced by Korean manufacturer Photon Wave. The patent owner initially launched an infringement claim against the French division of Laser Components. Photon Wave later joined as an intervening party. Photon Waves filed a revocation action, which the court dismissed as inadmissible.

Strict deadline

The reason for this dismissal was that Laser Components and Photon Wave had failed to file a counterclaim for revocation at the Paris local division within the deadline. The court rejected a request to extend the deadline.

Later, Photon Wave filed a standalone revocation claim at the Paris central division and asked the local division to stay the infringement proceedings pending the decision on the patent’s validity. The local division rejected the stay and a subsequent appeal by Photon Wave was deemed inadmissible.

Furthermore, the central division declared itself incompetent in the revocation action and transferred the case to the local division, which then dismissed the standalone revocation action as inadmissible.

The proceedings were conducted in French, with requests for a change of language filed by the defendants rejected. Since the main defendant — the French division of Germany-based Laser Components — is based in France, the court saw no reason to comply with the request.