Foreign or Domestic, All Have Access to the Courts

When conducting an infringement threat assessment in your industry, don't write off the foreign companies. Foreign companies can and do file in US courts, whether against domestic or foreign competitors. As the US market becomes more competitive and foreign companies become more sophisticated, a greater diversity of plaintiffs' country of incorporation can be expected.

Japan-based Nichia Corp. filed a patent infringement lawsuit against Chinese solar products company Jiawei North America Inc. The complaint was filed in, of all places, the U.S. District Court for the Eastern District of Texas. Nichia alleges that Jiawei has infringed four LED-related patents.

This is not the first time Nichia has been to the Eastern District of Texas. Previously, Nichia settled two lawsuits filed by Seoul Semiconductor Co., also involving LED patents. It would appear Nichia now has a taste for Texas.