DSS Inc. Wins Patent Dispute with Nichia Corporation
November 14 2023 - 8:00AM
DSS, Inc. (NYSE American: DSS) announced today that, in a
unanimous decision, the Court of Appeals for the Federal Circuit
(CAFC) rejected Nichia Corp.'s challenge to U.S. Patent No.
6,879,040 (the ‘040 Patent). U.S. Chief Circuit Judge Kimberly
Moore, who authored the opinion, and U.S. Circuit Judges Kara Stoll
and Tiffany Cunningham sat on the panel for the Federal Circuit.
The CAFC appeal mounted by Nichia Corp., a Japanese electronics
company, asserted that a 2021 Inter Partes Review (IPR) decision by
the USPTO Patent Trial and Appeal Board declaring the ‘040 Patent
to be valid should be overturned. The arguments put forth by Nichia
were soundly defeated by the Board in 2021 and now, again, by the
CAFC.
In her opinion, Chief Judge Moore stated that the Court reviewed
the Board’s claim construction de novo including all subsidiary
factual findings based on extrinsic evidence. Based on that review,
Chief Judge Moore stated that the Board proceeded exactly as
prescribed by case law and affirmed 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 was purchased by DSS, Inc. as part of a
portfolio of patents covering technologies used in Light-Emitting
Diode (LED) lighting products.
Frank D. Heuszel, President and CEO, congratulated the legal
team for their great work adding that the CAFC decision “should put
to rest the validity of the ‘040 patent.” Heuszel continued, “We
will pursue Nichia for patent infringement damages associated with
Nichia's LED product line.”
About DSS, Inc.
DSS is a multinational company operating businesses within
nine(9) divisions: Product Packaging, Biotechnology, Commercial
Lending, Securities and Investment Management, Alternative Trading,
Digital Transformation, Secure Living, and Alternative Energy. DSS
strategically acquires and develops assets to increase shareholder
value through periodic IPO spinoffs. Since 2019, under the guidance
of new leadership, DSS has built the necessary foundation for
achievable growth through the formation of a diversified portfolio
of companies positioned to drive profitability in multiple
high-growth sectors.
For more information on DSS visit https://www.dssworld.com
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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. Such
forward-looking statements include, but are not limited to,
statements related to the Company's intended use of proceeds and
other statements that are not historical facts. Forward-looking
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subject to risks and uncertainties that may cause actual results or
events to differ materially from those projected. These risks and
uncertainties, many of which are beyond our control, include: risks
relating to our growth strategy; our ability to obtain, perform
under and maintain financing and strategic agreements and
relationships; risks relating to the results of development
activities; our ability to attract, integrate and retain key
personnel; our need for substantial additional funds; patent and
intellectual property matters; competition; as well as other risks
described in our SEC filings, including, without limitation, our
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Contact:DSS Inc. Investor RelationsIR@dssworld.com+1 (585)
565-2422
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