337 stick to the LED industry

News background: in February 20th this year, Columbia University professor emeritus Gertrude Neumark Rothschild to the United States International Trade Commission (ITC) submitted to the short wavelength light-emitting diode (short-wavELength light emitting diodes) to start the 337 survey. The United States patent for US5252499, US4904618, the United States Customs Tariff products involved in 8541402085414060.

The United States International Trade Commission identified 34 companies involved, involving Japan, Taiwan, China, South Korea and other 9 countries, including China, there are 4 companies sued. They are: Shenzhen supable optoelectronics Co., Ltd. Guangzhou hongliguang Electronic Co., Ltd., Shenzhen Jia photoelectron ZHOULEI Electronic Co. ltd.. This is the 337 year since the Chinese enterprises suffered from the investigation of fifth applications.

337 stick to the LED industry

- China's enterprises encountered this year, fifth applications for investigation from 337

In March 21st, sponsored by the Shenzhen Municipal Intellectual Property Bureau and the Nanshan District Bureau of intellectual property rights, patent case LED Shenzhen Intellectual Property Research Association hosted the Analysis Seminar in Nanshan District digital culture industry base first floor multi-purpose hall. He Xin Morgan lawyer Lewis, legal and technical analysis for the United States in February 20th Columbia University professor emeritus Gertrude Neumark Rothschild to start the application survey of 337 U.S. patent US5252499, US4904618337. Wang Youming, deputy director of the municipal intellectual property bureau attended and delivered a speech.

Involved in the export amount of at least more than $100 million

According to relevant sources, at present our country related to the LED industry chain of 1700 enterprises, Guangdong enterprises which LCD backlight and solar based has about 740, and most of these enterprises in Shenzhen, accounting for about 44.3% of similar enterprises. The 337 companies involved in the investigation of all Guangdong enterprises, of which there are 3 enterprises in Shenzhen.

Once the ITC patent holders prevail, ITC will issue an injunction or injunction to exclude or prohibit the defendant's products into the United States, the United States LED market will close the door. According to reports, the case involving the export amount of at least more than $100 million. Once the patent holder wins, China's 1700 LED companies will be threatened, the healthy development of China's LED industry will have a very serious impact.

Emergency mobilization, organization of enterprises to actively respond

Shenzhen Municipal Intellectual Property Bureau and the Nanshan District Bureau of intellectual property rights in the relevant information, emergency mobilization related enterprises in Shenzhen LED industry, held the Patent Analysis Seminar, analyze the legal and technical condition of the patent, guide enterprises to actively respond.

It is understood that, according to U.S. law, ITC should be filed within 30 days after receiving the application to decide whether to file, if filed, the respondent companies will soon be able to receive a letter sent to the United states. Municipal Intellectual Property Bureau official said: we held a seminar before the company received a lawyer's letter, that is, to prepare for a rainy day, do not fight the battle unprepared to help businesses respond to the upcoming 337 survey.

337 investigation is not terrible, enterprises should face

Xin Xin lawyer said that the patent involved is not without loopholes, the respondent companies should be faced with the upcoming 337 survey, on their own products and patents involved in the depth of comparative analysis. To make "no infringement" and "the patent invalid" is a powerful weapon to overcome the 337 investigation to ITC.

He Xin also said that although the defendant only 4 enterprises, but other LED companies can not let down, because once the patentee is successful, will take 337 investigation sword point to more LED enterprises, thereby affecting the entire LED industry, enterprises should pay close attention to the progress of the case, be prepared in advance.

To strengthen the construction of early warning mechanism of intellectual property, promote the healthy development of LED industry

It is understood that the LED company sued event has been valued by the Shenzhen municipal government, the Municipal Intellectual Property Bureau relevant responsible person said, will strengthen the construction of early warning mechanism of intellectual property, to ensure the healthy development of LED industry.

According to reports, in 2007 before the invention of the name of the light emitting diode, a total of 3443 patents in China, of which there are Shenzhen, Nanshan District, has a total of 96, showing that China's LED patent layout has begun to take shape. Study on intellectual property rights, chairman Yin Han Fan said that the future of LED industry patent war will become increasingly fierce, enterprises should learn to use their patents to compete with each other and increase the layout of overseas intellectual property rights.

Source: Guangdong Provincial Intellectual Property Office