10 LED companies suffered the United States "337" survey

In August 30, 2008, China has 6 LED companies that are semiconductor lighting companies, accused of patent infringement will face the United States International Trade Commission (U.S.ITC) of the "337 investigation".

Plus the previously has 6 China, LED company was sued and 4 of them were included in the ITC "337 investigation" list, since this year, China has 12 LED companies suffered overseas intellectual property disputes (excluding enterprises in Taiwan province of China).

The United States for the implementation of mainland China's 337 survey, since 2002 began to increase abruptly. From 2002 to date, ITC launched for mainland China's 337 survey has reached up to 65, accounting for the same period the total survey of 48%.

As the 337 Chinese enterprises responding to the case of Chinese most lawyers, speeches on the cubic law firm senior partner Wang Jiabin lawyer held in the day before the 2008 Chinese international patent technology and products at the fair, constantly calling on China's exports to the U.S. companies, before signing the contract, must entrust the necessary intellectual property investigation professional intellectual property company; Chinese enterprise for the production of foreign enterprises according to samples or drawings, intellectual property rights shall stipulate the exemption clause in the contract.

At the same time, he stressed that when encountered overseas intellectual property disputes, China's enterprises must actively respond to the courage, face, especially when the interests of the industry by the wave in time, the interests of affiliated enterprises should join hands to avoid the passive situation.

Chinese enterprises involved in LED disputes

Since 1997 in the United States rising LED patent litigation cases, in February 2008, for the first time spread to Chinese enterprises.

LED (LightEmittingDiode), light emitting diode, is a solid state semiconductor devices, which can be directly converted into electricity to light with high luminous efficiency, long life, low energy consumption, no pollution and other characteristics, are widely found in everyday life, with lights such as household appliances, automobile rear fog lamp etc.. It can be predicted that, in the near future, semiconductor lighting will be widely extended into the family to replace the traditional lighting, where all light sources will be used in semiconductor lighting.

In February 20th this year, the United States Rothschild, including 6 Chinese companies, including the world's top 34 companies to patent infringement grounds, filed an application to ITC, requiring administrative sanctions against these companies. Ms. Rothschild, who holds 5 U.S. patents, is a retired professor of chemistry at the Columbia University. The lawsuit is based on the 5252499th American patent it owns ("the patent of 499").

The United States "499 patent" is a semiconductor material and a manufacturing method of the invention, the invention of the name: "with low resistivity bipolar wide band gap semiconductor and its manufacturing method (mainly for II-VI compound semiconductor), authorized in October 12, 1993.

The plaintiff applied for a general exclusion order. According to the "337 clause", which means that if the plaintiff, once issued a general exclusion order, non listed enterprises will also be the same as direct effects outside the product will be to the United States market, that the defendant in the LED lighting industry, including downstream products, can enter the United states.

The United States Patent 499, including a total of 22 claims, the plaintiff in the case that the claim of the right of the 4.

The defendant's 34 companies, including Japan, Taiwan, the region of 8, the mainland of China, 6, South Korea, the United States, 3, Singapore, Finland, Malaysia and Sweden, each of the 1 homes in 2. Motorola, Hitachi, NOKIA, Sony Ericsson, Toshiba, LG electronics and other international well-known enterprises in the.

6 companies, Chinese: Shenzhen Yuan Ming Electronics Co. Ltd. (formerly known as Shenzhen Zhou Lei), Guangzhou hongliguang Electronic Co., Ltd., Shenzhen Jia Electronics Co. Ltd., Shenzhen supable optoelectronics Kaixin photoelectric Co. Ltd. and Shenzhen unilight electronic limited company.

In fact, as early as 2005, according to the LED giants, such as Japan's TOYOTA synthesis and Nichia, American CREE company, Germany's OSRAM and PHILPS, MS Rothschild has 499 patents, patent litigation in the United States launched several times.

The lawsuit, ITC eventually identified 31 companies as the object of investigation. Among them, Shenzhen Kaixin photoelectric Co. Ltd. and Shenzhen unilight Electronic Co. Ltd is not included in the survey list.

According to the Shenzhen Yuan Ming and Guangzhou Hongli opto electronic respondent Wang Jiabin lawyer said, after investigation of nearly 6 months later, the day before, the two companies have China success and the plaintiffs reached favorable conditions of global reconciliation. Two other Chinese companies have also settled the issue through reconciliation.

On the specific content of reconciliation, Wang Jiabin lawyer said the inconvenience revealed.

LED patent litigation white hot

These 6 companies just get rid of the trouble of litigation, I did not expect to have another 6 Chinese companies to face head-on.

August 30, 2008, Ms. Rothschild 11 companies in Asia, but also to the ITC proposed a "survey of 337" application. This time, the Chinese enterprises involved are still 6. They are: Dalian Lumei chip science & Technology Co Ltd, CITIZEN Electronics Co., Ltd., Jiangsu Hangzhou Silan azure light photoelectric technology Co., Ltd. Shenzhen guoyexing optoelectronics Co. Ltd. and Foshan nationstar Optoelectronics Technology Co., ltd..

In this case the process according to the general process, namely one month after ITC will initiate an investigation, and about half of the time, exchange, written testimony, expert witnesses and question the evidence exchange question both evidence etc.. To July 2010, will carry out on-the-spot investigation, factory testing, is expected in October 2010 3 months after the trial, the judge took out the preliminary opinion, then 3 months