ITC Issues Limited Exclusion Order for Certain Light-Emitting Diodes and Products Containing Same
The International Trade Commission (ITC) has issued a limited exclusion order in its section 337 patent-based investigation of certain light-emitting diodes and products containing the same by reason of infringement of various patent claims. In addition, the ITC is announcing the termination of this investigation.
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According to the ITC, this investigation was instituted based on a complaint filed by Osram GmbH and Osram Opto Semiconductors GmbH, both of Germany. In the complaint, as supplemented and amended, Osram alleged violations of section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain light-emitting diodes and products containing the same by reasons of infringement of various claims of: (1) U.S. Patent Nos. 6,066,861; 6,277,301; 6,613,247; 6,245,259; and 6,592,780 (collectively known as the "Particle Size Patents"), (2) U.S. Patent Nos. 6,376,902; 6,469,321, and 6,573,580 (collectively termed the "Lead Frame Patents"), (3) U.S. Patent No. 6,576,930 , and (4) U.S. Patent No. 6,716,673.
The ITC states that it has determined: (1) that there is no violation of section 337 by Dominant Semiconductors Sdn. Bhd. (Dominant) with regard to the Particle Size Patents; (2) that there is a violation of section 337 by Dominant with regard to the Lead Frame Patents, and (3) to issue a limited exclusion order with respect to the Lead Frame Patents and U.S. Patent No. 6,716,673.
The ITC had already found no violation of U.S. Patent No. 6,576,930 and terminated the investigation with respect to that issue.
Limited Exclusion Order Delivered to President
The ITC states that its limited exclusion order was delivered to the President on the day of its issuance (January 11, 2006). An ITC document indicates that the bond for subject merchandise during the Presidential review period has been set at 100% of the entered value.
(U.S. government sources have previously stated that in accordance with 19 CFR 12.39(b)(3), if the President accepts this exclusion order (which is expected), importers or consignees of infringing articles entered under bond during the Presidential review period would be required to export or destroy such articles under U.S. Customs and Border Protection (CBP) supervision within 30 days after being notified to do so by the applicable port director or face liquidated damages in the full amount of the bond.)
ITC Explanation of Exclusion Orders
In an FAQ regarding section 337 investigations, the ITC has previously explained that a general exclusion order directs CBP to exclude all infringing articles without regard to source, whereas a limited exclusion order directs CBP to exclude all infringing articles that originate from a specified firm that was a respondent in the ITC investigation.
ITC Contact - Michelle Walters (202) 708-5468
ITC Notice (Inv. No. 337-TA-512, FR Pub 01/18/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-429.pdf