© Agrolux
Hawthorne Gardening, a worldwide supplier of horticulture LED lighting under the Agrolux and Gavita brands, expressed concerns over recent articles in HortiDaily and its Dutch equivalent, Groentennieuws, regarding legal action taken by Osram against a grower who is a customer of Hawthorne. Osram made public accusations of alleged patent infringement related to LED components in the Agrolux Wega Plus used by the grower.
"We were very surprised by Osram's decision to involve growers directly in its allegations, an approach that we are concerned creates undue anxiety and potentially unwarranted legal costs for end users," said Emmanuel Oomen, ProHort lead for Hawthorne, based in Europe.
"We are concerned that by pursuing legal action against one grower, who we understand acted in good faith when purchasing their lighting, Osram may be signaling an intent to involve other end users. Let's make one thing clear: we stand with our customers and feel compelled to address what we view as Osram's aggressive litigation strategy," Oomen said.
Hawthorne is actively working with its suppliers and manufacturers to ensure the interests of its customers are protected to the fullest extent possible, Oomen says. "Moreover, Hawthorne, along with our suppliers and manufacturers, stands behind our products and intellectual property. Based on our current understanding, Hawthorne strongly believes that the product in question does not infringe any valid and enforceable patent rights of Osram. We are confident in our products and are committed to exploring all avenues to support our customers."
Hawthorne also notes that the patents currently asserted by Osram in the litigation against the grower are specific to certain jurisdictions, being the United States and Germany. The industry needs to understand the precise scope and limitations of any such claims. "To our knowledge, the specific patents forming the basis of the current litigation against the grower do not extend beyond these named jurisdictions. Our own assessment of this matter is ongoing."
"What's further disappointing is that Osram mentioned Agrolux by name in framing its allegations," Oomen said. "We, too, are a customer of Osram, using their diodes in some of our fixtures. Osram gave us no prior indication that they were taking this legal action, nor that they intended to make such broad public statements. We were as blindsided by Osram's actions as we imagine, the grower who was put at the center of the litigation. Hawthorne is committed to vigorously supporting its customers and defending its business interests in this matter."
Hawthorne encourages any customers or end users who have questions to contact Rosa Di Lisa, Marketing Manager, Gavita International B.V.
For more information:
Gavita International B.V.
rdilisa@hawthornegc.com
www.agrolux.com