ITC Institutes Patent Investigation on Certain Light Emitting Diode Chips, Laser Diode Chips, and Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain light emitting diode chips, laser diode chips and products containing same pursuant to a complaint.
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(The products at issue in this investigation are used in items such as traffic lights, billboards, computers, televisions, hard drives, and CD, DVD and Blu-ray players, as well as to illuminate instrument panels and provide backlighting for handheld mobile devices.)
Exclusion and Cease & Desist Orders Requested
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 light emitting diode chips, laser diode chips and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,252,499.
The complainant requests that after the investigation, the ITC issue exclusion orders and cease and desist orders.
Certain Samsung Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Chi Mei Lighting Technology Corp. of Taiwan;
Tekcore Co., Ltd., of Taiwan;
Toyolite Technologies Corp. of Taiwan;
Tyntek Corporation of Taiwan;
Visual Photonics Epitaxy Co., Ltd., of Taiwan; and
Xiamen Sanan Optoelectronics Technology Co., Ltd., of China.
ALJ to Determine if Violation Occurred
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 - Juan Cockburn (202) 205-2572
ITC notice (Inv. No. 337-TA-674, FR Pub 04/06/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-7544.pdf
ITC press release (No. 09-028, dated 03/31/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0331gg2.htm