Plaintiff’s Selective Licensing Activities Preclude Permanent Injunction

Following a bench trial and plaintiff's withdrawal of its claim for monetary damages, the court did not impose a permanent injunction because plaintiff failed to establish irreparable harm due to its licensing activities. "Plaintiff’s licensing of the patents-in-suit to the suppliers of 41% of the global LED market also precludes a finding of irreparable harm. Several of these licensees are significant competitors and considered 'major threats' to [plaintiff's] flagship 757 LED product. Plaintiff claims it has been selective in licensing the patents-in-suit, yet the mere existence of such licenses indicates that the harm for any infringement of the patents-in-suit is not irreparable, but rather can be addressed through other compensatory means."

Nichia Corporation v. Everlight Electronics Co., Ltd. et al, 2-13-cv-00702 (TXED January 25, 2016, Order) (Gilstrap, J.)