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Court Rules in Favor of Finnegan Client Seoul Semiconductor

October 10, 2008

Press Release

FOR IMMEDIATE RELEASE
October 10, 2008

Contact: Richard B. Racine, 202.408.4038 
                Managing Partner

Court Rules in Favor of Finnegan Client Seoul Semiconductor

The U.S. District Court for the Central District of California granted Finnegan client Seoul Semiconductor’s motion for summary judgment, after Nichia Corporation and Nichia America Corporation (“Nichia”) brought a false advertising action against Seoul Semiconductor seeking an injunction, corrective advertising, and monetary relief based on press releases that Seoul Semiconductor issued concerning a separate design patent lawsuit between the parties. Finding much of Nichia’s evidence inadmissible, the Court held Nichia failed to meet its burden of proving that the statements in Seoul Semiconductor’s press releases amounted to false advertising because Nichia did not show that the statements were “material” or that they damaged or were likely to damage Nichia. The Court also rejected Nichia’s arguments that literal falsity should trigger presumptions of deception, materiality, and/or damage.

About Finnegan
With 375 intellectual property lawyers, Finnegan is one of the largest IP law firms in the world.  From offices in Washington, DC; Atlanta, Georgia; Cambridge, Massachusetts; Palo Alto, California; Reston, Virginia; Brussels, Belgium; Shanghai, China; Taipei, Taiwan; and Tokyo, Japan, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation.  The firm represents clients on IP issues related to international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition.  For additional information on the firm, please visit www.finnegan.com.

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