18 July 2011

Samsung LED counter-sues Osram in US ITC

On 15 July, Samsung LED Co Ltd (the LED-making subsidiary of Korea’s Samsung Electronics Co Ltd) filed a complaint with the US International Trade Commission (ITC) requesting that it issues an exclusion order barring importation of products of Siemens affiliate Osram GmbH of Germany (the world’s second largest lighting firm) Osram, its LED-making subsidiary Osram Opto Semiconductors, and Osram Sylvania Inc into the USA. Samsung LED also filed a suit for patent infringement in the US District Court for the District of Delaware, seeking damages and a permanent injunction barring Osram’s infringement.

Samsung LED alleges infringement of eight patents on core LED technologies. The patented technology is used in a wide range of products, including lighting, automobiles, projectors, cell-phone screens, and TVs. The targets of Samsung LED’s complaints are Osram's TOPLED, DRAGON, OSLON, CERAMOS, and OSLUX devices, and the products in which they are used.

Although Samsung LED has named only the above Osram companies in the ITC case, it says that, as new information becomes available, it will continue to evaluate the potential to add additional parties who may be importing, using or selling the accused Osram LEDs in the US market.

The ITC is an independent US agency empowered to take direct action to stop certain unfair trade practices, including patent infringement, and can prohibit the importation of infringing products into the USA. It typically takes 15–18 months after the start of an investigation for the ITC to announce its final determination, says Samsung LED.

Samsung’s lawsuits in the USA are in response to complaints filed with the ITC in June by Osram against both Samsung Electronics and Samsung LED as well as LG Electronics Inc and its LED-making subsidiary LG Innotek Co Ltd (and the respective US subsidiaries of both Korean conglomerates) 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 Osram’s US Patents. Osram also requested that the ITC issues an exclusion order and cease and desist orders. 

Subsequently in June, Samsung LED countersued by filing a patent infringement action 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. In early July it was joined by LG Electronics and LG Innotek filing 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 said that it planned to take similar actions in other major markets, including China and the USA.

At the time of LG filing its complaint against Osram in Korea, on 6 July the ITC announced that it had voted to institute an investigation based on Osram’s complaints against LG and Samsung. Osram has also previously filed lawsuits against Samsung and LG in Germany and Japan, as well as another against LG in China.

“Samsung LED is very proud of its innovative LED technology, for which it has been awarded many patents around the world,” says Samsung LED. “Samsung LED intends to vigorously enforce its intellectual property rights, and these lawsuits reflect Samsung LED’s commitment to that enforcement,” it adds.

Samsung LED says that it has continuously invested in its LED technology development and maintained its core technology related to LED lighting, including LEDs for TVs. The firm has applied for and registered about 4000 patents, including 2000 patents in Korea and 700 patents in the USA.

See related items:

Samsung LED counter-sues Osram in Korea

ITC investigates Osram's allegation of LED patent infringement

Osram sues Samsung and LG for LED patent infringement 

Tags: Osram Samsung LEDs LED patent infringement 

Visit: http://samsungled.com

See Latest IssueRSS Feed