9 July 2011

ITC investigates Osram's allegation of LED patent infringement 

The US International Trade Commission (ITC) has voted to institute an investigation based on two complaints filed on 3 June by Siemens affiliate Osram GmbH of Germany (the world’s second largest lighting firm) alleging that the importation into the USA and sale of certain LEDs and products containing them (such as liquid-crystal displays in TV sets and computer monitors) infringe its US patents on white and surface-mountable LEDs. Osram requested that the ITC issues an exclusion order and cease and desist orders.

The respondents in the investigation are: Korea’s Samsung Electronics Co Ltd (and Samsung Electronics America Inc of Ridgefield Park, NJ), Samsung LED Co Ltd (and Samsung LED America Inc of Atlanta, GA); as well as LG Electronics Inc (and LG Electronics USA Inc of Englewood Cliffs, NJ) and LG Innotek Co Ltd (and LG Innotek USA Inc of San Diego, CA).

ITC administrative law judges (ALJs) will schedule and hold an evidentiary hearing, and make an initial determination as to whether there is a violation. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. Remedial orders are effective when issued and become final 60 days after issuance (unless disapproved for policy reasons by the US Trade Representative within that 60-day period).

Osram has also filed lawsuits against Samsung and LG in Germany and Japan, as well as another against LG in China.

In response to Osram’s ITC lawsuit, on 10 June Samsung LED countersued, filing a patent infringement lawsuit against Osram Korea Co Ltd and two Korean sales agents (Barun Electronics and Dabo Industrial System) at the Seoul Central District Court requesting an injunction from unauthorized use of Samsung LED’s intellectual property as well as monetary damages.

Now, Samsung LED has been joined by LG Electronics Inc (the world’s second-biggest TV maker) and its LED chip-making affiliate LG Innotek, who have filed a complaint with the Korea Trade Commission (KTC) claiming that Osram is infringing seven LG patents on LED chip and packaging technologies, and seeking to ban import of Osram LED products into South Korea. LG plans to take similar actions in other major markets, including China and the USA.

See related items:

Samsung LED counter-sues Osram in Korea

Osram sues Samsung and LG for LED patent infringement 

Tags: Osram Samsung LG LEDs LED patent infringement 

Visit: www.usitc.gov

Visit: www.osram.com

Visit: www.lg.com

Visit: http://samsungled.com

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