DSS Inc. Wins Patent Dispute with Nichia Corporation

Rhea-AI Summary

DSS, Inc. (NYSE American: DSS) announced that the Court of Appeals for the Federal Circuit (CAFC) rejected Nichia Corp.'s challenge to U.S. Patent No. 6,879,040. The CAFC upheld the 2021 Inter Partes Review decision by the USPTO Patent Trial and Appeal Board, affirming the patent's validity. DSS, Inc. plans to pursue patent infringement damages against Nichia's LED product line.

Positive

• The CAFC's decision to uphold the validity of the '040 Patent is a positive outcome for DSS, Inc.
• The company's intention to pursue patent infringement damages demonstrates a proactive approach to protecting its intellectual property.

Negative

• None.

NEW YORK, Nov. 14, 2023 (GLOBE NEWSWIRE) -- DSS, Inc. (NYSE American: DSS) announced today that, in a unan​i​mous 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

Safe Harbor Disclosure

This press release contains forward-looking statements that are 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 statements are based on management's current expectations and are 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 reports on Forms 8-K, 10-K and 10-Q, all of which can be obtained on the SEC website at www.sec.gov. Readers are cautioned not to place undue reliance on the forward-looking statements, which speak only as of the date on which they are made and reflect management's current estimates, projections, expectations, and beliefs. We expressly disclaim any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in our expectations or any changes in events, conditions, or circumstances on which any such statement is based, except as required by law.

Contact:
DSS Inc. Investor Relations
IR@dssworld.com
+1 (585) 565-2422

What is the significance of the CAFC's decision for DSS, Inc. (NYSE American: DSS)?

The CAFC's decision upholding the validity of the '040 Patent is a significant win for DSS, Inc. It reaffirms the strength of the company's patent portfolio, particularly in the LED lighting products technology sector.

What are DSS, Inc.'s plans following the CAFC's decision?

Following the CAFC's decision, DSS, Inc. intends to pursue patent infringement damages associated with Nichia's LED product line. This demonstrates the company's commitment to protecting its intellectual property rights.

How did the CAFC ruling impact Nichia Corp.?

The CAFC's ruling rejected Nichia Corp.'s challenge to the '040 Patent, indicating a setback for the Japanese electronics company in its attempt to overturn the patent's validity.

What technology does the '040 Patent cover?

The '040 Patent covers technologies used in Light-Emitting Diode (LED) lighting products, making it a valuable asset in DSS, Inc.'s patent portfolio.