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30 August 2007


ITC denies Epistar’s motion to stay exclusion order

The US International Trade Commission (ITC) has denied Epistar’s motion to stay its exclusion order, which came into effect on 12 July, barring importation into the USA of the firm’s AlInGaP-based metal-bond (MB), glue-bond (GB) and omni-directional mirror adhesion (OMA) LEDs.

Epistar filed motions before both the ITC and the US Court of Appeals for the Federal Circuit (CAFC) to stay enforcement after the ITC ruled that the LEDs infringe US Patent no. 5,008,718 belonging to Philips Lumileds Lighting Co of San Jose, CA, USA. On 19 July, the CAFC temporarily stayed the enforcement for up to 30 days. The ITC has now ruled that “Epistar has not made a showing of likelihood of success on the merits” of its appeal.

Lumileds says that the ITC admonished Epistar for relying “on quotes from the ALJ [administrative law judge, who made the initial determination in the investigation on 8 January] that are presented out of order and without context in an attempt to convey a meaning that is in contrast with that actually expressed by the ALJ.” Lumileds adds that the ITC also noted Epistar’s “tardy arguments made in circumvention of the Commission’s rules.”

Lumileds reckons that the ruling should clear the way for the CAFC to deny Epistar’s other motion to stay the exclusion order, leading to its enforcement.

See related items:

US appeal court temporarily blocks ITC’s exclusion order on Epistar

ITC’s US exclusion order comes into force on Epistar’s MB, GB and OMA LEDs, just as new Phoenix and Aquarius LEDs launched …

ITC adopts exclusion order against Epistar's MB LEDs; will review whether OMA and GB LEDs also infringe Lumileds patent

Round two: Epistar responds to Philips Lumileds

Judge's Initial Determination favours Philips Lumileds in patent infringement battle

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