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Patent Reexamination Board finds that Veeco has no pedestal reactor patent invalid

Time: 2018-01-29
Visits: 21

The Patent Re-examination Board of the State Intellectual Property Office (hereinafter referred to as “the Patent Re-examination Board”) made a review decision on January 23, identifying the No. ZL 01822507.1, name of Veeco Precision Instrument Co., Ltd. (hereinafter referred to as “Veeco USA”). All of the claims of the invention patent for a pedestal-free reactor for growing an epitaxial layer on a wafer by chemical vapor deposition are ineffective due to lack of novelty and inventiveness.


The patent that was declared invalid was the same Chinese patent of US patents (US 6,506,252, US 6,726,769) in which Veeco filed a US patent infringement against a substrate tray supplier in the United States in the Eastern District of New York, USA, last year.


China Microelectronics (Shanghai) Co., Ltd. (hereinafter referred to as "China Micro") has fully analyzed this patent when it first started developing its own MOCVD product technology. Microelectronics has discovered that this patented technology has been used since the 1960s. A large number of pre-patent patents are disclosed and therefore should be invalid patents. China and Micronesia have submitted requests for invalidation of patents in China, South Korea and the United States.


"I am very pleased to see that the Patent Reexamination Board has determined that Veeco's US patents are invalid based on strong evidence submitted by us." Dr. Du Zhiyou, Senior Vice President, Chief Operating Officer and MOCVD Products Division General Manager of Sino-micro, said: "We It is confident that the Patent Trial and Appeals Committee of the U.S. Patent and Trademark Office and the Korean Intellectual Property Office can also reach the same conclusion."


Dr. Du Zhiyue added: “An enforceable patent must meet the requirements of the patent law. We cannot tolerate Veeco’s attempt to exercise intellectual property rights with patents that are obviously invalid, and to sue the micro-substrate supplier of pallets for the purpose of restricting competition. ."


Another progress occurred on January 12, 2018. According to Chinese law, China Customs adopted intellectual property rights protection measures based on China-Microtechnology's Patent No. CN 202492576 (hereinafter referred to as “S&P Patent”) and temporarily detained Veeco Asia's imports. Two of China's EPCVD 700 models of MOCVD equipment that allegedly infringed the patents of China Micro. In response to the allegedly infringing equipment, China Microelectronics is considering taking follow-up legal actions, including the possibility of filing a patent infringement suit with the Chinese court.


Prior to this, in December last year, the Fujian Provincial Higher People's Court agreed to China Micro's ban on Veeco Shanghai, prohibiting its import, manufacture, sale to any third party, or any sales of any chemical vapor deposition device that infringes on the micro-patent. The substrate trays for these devices.


Dr. Yin Zhiyi, chairman and chief executive of China National Microelectronics Co., Ltd., said: “We can't tolerate any infringement of intellectual property rights. We will crack down on infringing intellectual property rights and protect our investment in intellectual property. Of course, we Willing to concentrate on research and development of innovative products and providing quality services to customers, rather than a waste of time and resources in legal proceedings."


Dr. Yin Zhiju concluded: “The Chinese LED industry should not be disrupted and damaged due to patent litigation between Veeco USA, substrate pallet suppliers, and China Micro. Therefore, China and Micronesia are willing to reach a solution that benefits all three parties. ”


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