ITC Initiates Patent Investigation on Certain Short-Wavelength LEDs, Laser Diodes and Products Containing Same
The International Trade Commission has instituted a section 337 patent-based investigation of certain light emitting diodes, laser diodes and products containing same pursuant to a complaint.
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Complaint Requests Exclusion and Cease & Desist Orders
The complaint, filed on behalf of Gertrude Neumark Rothschild of Hartsdale, New York, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain short-wavelength LEDs, laser diodes and products containing same that infringe certain claims of U.S. Patent No. 5,252,499.
The complainants request that after the investigation, the ITC issue exclusion orders and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
Avago Technologies of Singapore;
Bacol Optoelectonic Co. Ltd. of Taiwan;
Dominant Semiconductors Sdn. Bhd. of Malaysia;
Everlight Electronics Co., Ltd., of Taiwan;
Exceed Perseverance Electronic Ind. Co., Ltd., of China;
Guangzhou Hongli Opto-Electronic Co., Ltd., of China;
Harvatek Internaional Inc. of Taiwan;
Hitachi, Ltd., of Japan;
Kingbright Electronic Co., Ltd., of Taiwan;
LG Electronics of Korea;
Lite-On Technology Corp. of Taiwan;
Lucky Light Electronics Co., Ltd., of China;
Matsushita Electric Industrial Co., Ltd., of Japan;
Motorola, Inc., of Schaumburg, IL;
Nokia of Finland;
Opto Tech Corporation of Taiwan;
Pioneer Corporation of Japan;
Rohm Co., Ltd., of Japan;
Samsung Group of Korea;
Sanyo Electric Co., Ltd., of Japan;
Seoul Semiconductor Co., Ltd., of Korea;
Sharp Corporation of Japan;
Shenzhen Unilight Electronic Co., Ltd., of China;
Shinano Kenshi Co., Ltd., of Japan;
Sony Corporation of Japan;
Sony Ericsson Mobile Communications AB of Sweden;
Stanley Electric Co., Ltd., of Japan;
Toshiba Corporation of Japan;
Vishay Intertechnology, Inc., of Malvern, PA; and
Yellow Stone Corporation of Taiwan.
Determination of Violation to be Made by ALJ, Reviewed by ITC
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Jeffrey Hsu (202) 205-2579
ITC notice (Inv. No. 337-TA-640, FR Pub 03/25/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-5909.pdf
ITC press release (08-027, dated 03/20/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0320ff2.htm