On July 15, Samsung LED Co., Ltd. filed a complaint with the United States International Trade Commission (“ITC”) in which it has requested the ITC to issue an exclusion order barring importation of products of OSRAM, OSRAM Opto Semiconductors, and OSRAM Sylvania Inc. into the United States. Samsung LED also filed suit for patent infringement in the United States District Court for the District of Delaware to seek 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 televisions. OSRAM’s TOPLED, DRAGON, OSLON, CERAMOS, and OSLUX devices, and the products in which they are used, are targets of Samsung LED’s complaints. Although Samsung LED has named only the above OSRAM companies in the ITC case, 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 U.S. market.
In June, Samsung LED also filed a patent infringement action against OSRAM in a Korean court.
Samsung LED representatives explained, “Samsung LED is very proud of its innovative LED technology for which it has been awarded many patents around the world. Samsung LED is a market leader in LEDs and is proud to see its LEDs used in many of the leading consumer electronic products worldwide. Samsung LED intends to vigorously enforce its intellectual property rights, and these lawsuits reflect Samsung LED’s commitment to that enforcement.”
Samsung LED has continuously invested in its LED technology development and maintained its core technology related to LED lighting, including LEDs for televisions. Samsung LED has applied for and registered about 4,000 patents, including 2,000 patents in Korea and 700 patents in the United States.
The ITC is an independent U.S. agency empowered to take direct action to stop certain unfair trade practices, including patent infringement. The ITC can prohibit importing infringing products into the United States. It typically takes about 15-18 months after the start of an investigation for the ITC to announce its final determination.