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 好奇问问，大连路美买AXT asset的时候怎么处理买卖中的专利纠纷？ |
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不拉不拉
[博客]
[个人文集]
头衔: 海归中将
声望: 博导
加入时间: 2004/02/21
文章: 3505
海归分: 693209
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作者：不拉不拉 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
如果没搞错，大连路美买的应该是这个部分的资产。
“July 24, 2003...AXT is doing what many semiconductor companies are forced to do these days. They're continuing to trim back, cut to their core competency, and doing everything they can to maintain shareholder value. The latest hurdle placed in their face was a patent infringement claim waged against activities in AXT's optoelectronic operation, which AXT has announced is up for sale, partnership, or some other type marriage that keeps that facility alive and utilized. The original suit was made by Cree Lighting and Boston University and revolves around AXT's use of GaN-based buffer technology. While everyone uses some kind of GaN based buffer technology to produce blue spectrum LEDs (no choice, there isn't much useable native GaN substrate material in the market as yet), this particular suit is based on Ted Moustakas' U.S. Patent No. 5,686,738 titled "Highly Insulating Monocrystalline Gallium Nitride Thin Films," which is officially owned by Boston University and licensed to Cree.
That same patent was the crux of the historic litigation between Cree and Nichia that some say brought all the "big guys to the table" and which resulted in a bevy of cross-licensing or some kind of commitment to not cross-sue anymore. AXT, not being a major blue spectrum LED producer, wasn't one of the "big guys." Facing another court tussle with SEI on the substrate side for alleged infringement, AXT has let it be known they won't take these tactics lying down. Formal action began yesterday when AXT filed a countersuit against Cree and BU denying the claim against Cree and BU both, "alleging that the plaintiffs' actions were intentionally designed to interfere with AXT's prospective business relationships, attempted to gain an unfair business advantage, and violated Section 2 of the Sherman Act and the Cartwright Act." AXT is requesting the USA Court in Northern California dismiss the complaint "with prejudice" and demanding that AXT receive damages and injunctive relief. Company news release.
With so much backroom noise about "the big guys" in HB-LEDs suing "the little guys" and recent news of Nichia's infringement muscle resulting in the immediate shutting down an unnamed Korean blue spectrum LED maker, AXT's decision to fight back may portend of things to come for others. In their quarterly earnings report, AXT again underscored that they have improved the performance of their substrate business since the downturn began during the third quarter of 2001. "Our costs are down substantially, product quality has improved, and the substrate business generated more than $8.6 million in cash during the past 24 months," said Morris Young, President and CEO. "Our decision to discontinue the optoelectronics business was difficult, but it was the right one. Now we can focus all of our efforts on growing and improving the performance of our core substrate business."
AXT sees market conditions very favorable in their two largest end markets for substrates, wireless handsets and red and yellow light emitting diodes. According to Morris Young, "the end use markets for our materials sales are improving. We are committed to complete the efforts needed to turn the substrate business around including further improving product quality, regaining market share, and reducing costs of production." Company news release. AXT has an impressive cadre of MOCVD reactors in their Southern California opto facility, and they claim to also have a strong IP portfolio to go with it. Some up and coming, relatively quiet opto manufacturer might see this as a good opportunity for teaming as a means of producing product for the American market close to the market source than, say, Taiwan or Japan. Whatever the outcome to the facility, this initial "fight back" case by one of "the little guys" against "the big guys" will likely be precedent-setting. And ironically, it's a similar scenario to the way Cree handled IP disputes aimed against them by others in the past. “
作者：不拉不拉 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
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 好奇问问，大连路美买AXT asset的时候怎么处理买卖中的专利纠纷？ -- 不拉不拉 - (4022 Byte) 2004-4-24 周六, 06:25 (1700 reads)
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