“DSS, Inc. Successfully Defends Patent Against Nichia Corp.’s Challenge in Federal Court of Appeals”
NEW YORK, Nov. 14, 2023 – In a landmark decision, the Court of Appeals for the Federal Circuit (CAFC) has unanimously rejected a challenge by Nichia Corp. to U.S. Patent No. 6,879,040 (the ‘040 Patent), owned by DSS, Inc. (NYSE American: DSS). The panel for the Federal Circuit included U.S. Chief Circuit Judge Kimberly Moore, who authored the opinion, and U.S. Circuit Judges Kara Stoll and Tiffany Cunningham.
Nichia Corp., a Japanese electronics company, had appealed against a 2021 Inter Partes Review (IPR) decision by the USPTO Patent Trial and Appeal Board, which had declared the ‘040 Patent to be valid. Nichia’s arguments, however, were decisively defeated by the Board in 2021 and now, once again, by the CAFC.
In her opinion, Chief Judge Moore stated that the Court had reviewed the Board’s claim construction de novo, including all subsidiary factual findings based on extrinsic evidence. She affirmed that the Board proceeded exactly as prescribed by case law and concluded that “The Board was … correct in rendering its patentability determination … [and that] Nichia did not meet its burden to show [the] claims … are unpatentable.”
The ‘040 patent, which covers technologies used in Light-Emitting Diode (LED) lighting products, was purchased by DSS, Inc. as part of a portfolio of patents.
Frank D. Heuszel, President and CEO of DSS, Inc., praised the legal team for their excellent work and expressed confidence that the CAFC decision “should put to rest the validity of the ‘040 patent.” Heuszel further stated, “We will pursue Nichia for patent infringement damages associated with Nichia’s LED product line.”
DSS, Inc. is a multinational company operating businesses within nine divisions: Product Packaging, Biotechnology, Commercial Lending, Securities and Investment Management, Alternative Trading, Digital Transformation, Secure Living, and Alternative Energy. The company strategically acquires and develops assets to increase shareholder value through periodic IPO spinoffs. Since 2019, under new leadership, DSS has built a foundation for growth through the formation of a diversified portfolio of companies positioned to drive profitability in multiple high-growth sectors.
This press release contains forward-looking statements that are made pursuant to the safe harbor provisions within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements include, but are not limited to, the Company’s intended use of proceeds and other statements that are not historical facts.
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