{"id":50877,"date":"2025-06-19T18:15:21","date_gmt":"2025-06-19T16:15:21","guid":{"rendered":"https:\/\/www.studiotorta.com\/?p=50877"},"modified":"2025-06-19T18:25:21","modified_gmt":"2025-06-19T16:25:21","slug":"european-patents-and-transnational-protection-the-upc-decision-on-the-seoul-semiconductor-case","status":"publish","type":"post","link":"https:\/\/www.studiotorta.com\/en\/european-patents-and-transnational-protection-the-upc-decision-on-the-seoul-semiconductor-case\/","title":{"rendered":"European Patents and transnational protection: the UPC decision on the Seoul Semiconductor case"},"content":{"rendered":"
The Unified Patent Court confirms the validity and orders Europe-wide <\/span>preliminary injunctions for a patent covering ‘No Wire’ LED technology, <\/span>emphasizing the effectiveness of the unified system in protecting intellectual <\/span>property rights in multiple member states.<\/span>

On October 10, 2024, the central division of the Unified Patent Court (UPC) <\/span>issued an important decision in transnational patent enforcement, <\/span>recognizing infringement of<\/span> European patent EP 3 926 698 B1<\/span><\/strong> by <\/span>Germany’s Expert e-Commerce GmbH, and ordering a pan-European <\/span>injunction in eight member states. <\/span>This ruling constitutes one of the first substantial decisions of the UPC on <\/span>injunctive relief, and one of the first cases in which a non-EU plaintiff – in this <\/span>case Korea’s Seoul Semiconductor Co., Ltd. together with its subsidiary Seoul <\/span>Viosys Co., Ltd. – obtain large-scale enforcement order in the new unified <\/span>court context.<\/span>

The patent in dispute: EP 3 926 698 B1 (WICOP technology)<\/span><\/strong>
European patent EP 3 926 698 B1 covers an innovative technology developed <\/span>by Seoul Semiconductor known as \u201cWICOP\u201d (Wafer Level Integrated Chip On <\/span>PCB), more commonly referred to as \u201cNo-Wire LED.\u201d <\/span>WICOP technology enables the fabrication of wireless LEDs without additional <\/span>ceramic substrates. The result is an LED chip that is significantly more <\/span>compact, thermally more efficient, and less expensive to assemble, intended <\/span>for various high-performance applications: automotive lighting, microLED <\/span>displays, smartphone flashes, and more. <\/span>Specifically, the patent covers an LED structure that enables direct (chip- <\/span>scale) mounting on the motherboard, significantly improving emission <\/span>efficiency and thermal dissipation by eliminating traditional metal <\/span>connections.<\/span><\/div>\n
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The gist of the decision: infringement established and remedies <\/span><\/strong>ordered<\/span><\/strong>
The UPC found that the products marketed by Expert e-Commerce GmbH <\/span>incorporated the patented technology without authorization. In particular, <\/span>technical evidence provided by Seoul Semiconductor showed that the <\/span>essential features claimed in patent EP 3 926 698 B1 – in particular, the \u201cno <\/span>wire\u201d configuration – were reproduced in the LEDs distributed by the <\/span>defendant.<\/span><\/div>\n

Remedies granted by the UPC<\/strong>:<\/span>
–<\/span> Immediate injunction to cease sales of infringing products.<\/span>
–<\/span> Order to withdraw from the market and destruction of the illegally <\/span>marketed products.<\/span>
–<\/span> Extension of the injunction order to as many as eight countries: <\/span>Germany, Austria, Belgium, France, Italy, Luxembourg, the Netherlands and Sweden – hence the pan-European nature of the injunction.<\/span>
–<\/span> Order for costs in favor of Seoul Semiconductor.<\/span><\/div>\n

According to Seoul Semiconductor’s statement, this is the first time <\/span>that a simultaneous injunction has been obtained in eight UPC member<\/span>
states as part of a direct action. The decision highlighted the practical <\/span>effectiveness of the unitary patent court, offering fast, centralized and<\/span>
transnational protection. Nevertheless, careful strategic evaluation <\/span>must be performed on a case-by-case basis.<\/span><\/div>\n

Strategic implications for patent owners<\/span><\/strong>
This decision provides several insights for industrial property rights owners in <\/span>Europe:<\/span><\/div>\n
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  1. The strategic value of the European patent (unitary or non opted-out <\/span>traditional): the extended territorial effect of a single injunction can <\/span>prove to be a powerful tool in IP portfolio management, in certain <\/span>cases. Litigation costs and time may be significantly reduced compared <\/span>to parallel national proceedings. Nevertheless, careful strategic <\/span>evaluation must be performed on a case-by-case basis.<\/span><\/li>\n
  2. The centrality of the UPC as a forum: The choice of forum becomes <\/span>essential. In this case, the central division demonstrated efficiency and <\/span>timeliness in the technical assessment and issuance of the order.<\/span><\/li>\n
  3. Strong technical evidence: As is always the case in patent litigation, <\/span>comparative technical analysis of the claims and the products was <\/span>decisive in achieving success in the action.<\/span><\/li>\n
  4. Online market monitoring: The online sale of products by large <\/span>distributors such as Expert e-Commerce requires careful monitoring by <\/span>patent owners. In cases like this, a single action can produce significant <\/span>effects on the entire European distribution channel.<\/span><\/li>\n<\/ol>\n

    The Seoul Semiconductor vs. Expert e-Commerce GmbH case is an important <\/span>milestone in the jurisprudence of the UPC, and a concrete demonstration of <\/span>how patent protection in Europe has entered a new era of efficiency and legal <\/span>coordination.<\/span>
    For patent owners-and particularly non-European companies operating in the <\/span>single market-the message is clear: the unified court system is not only <\/span>operational, but can offer fast, effective, and uniform remedies in all member <\/span>states<\/span><\/p>\n

    Sources:<\/span><\/p>\n