ITC Issues Limited Exclusion Order on Certain LEDs and Products Containing Same
The International Trade Commission has issued a limited exclusion order on court-ordered remand with respect to five patents against the infringing products of Dominant Semiconductors Sdn. Bhd. in its section 337 patent-based investigation of certain light-emitting diodes and products containing same.
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(This investigation was instituted based on a complaint filed by Osram GmbH and Osram Opto Semiconductors GmbH of Germany, which 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 due to infringement of various claims of U.S. Patent Nos. 6,066,861, 6,277,301, 6,613,247, 6,245,259, 6,592,780 (the Particle Size Patents), 6,576,930 (the 930 patent), 6,376,902, 6,469,321, 6,573,580 (the Lead Frame Patents), and 6,716,673 (the 673 patent).
The ITC found that respondent Dominant Semiconductors Sdn. Bhd. violated section 337 with respect to the Lead Frame Patents and the 673 patent, but not with regard to the Particle Size Patents and the 930 patent.)
Limited Exclusion Order Excludes Infringing Articles' Entry Except Under License
According to the text of the limited exclusion order, light-emitting diodes that infringe one or more of claims 1,3,6-7, and 10-13 of U.S. Patent No. 6,066,861; claims 1-2,6-7, 11-12, and 14-15 of U.S. Patent No. 6,277,301; claims 1,3,6-7, 10-15,17, and 20-21 of U.S. Patent No. 6,613,247; claims 1,3,6-7, 10-13, and 15 of U.S. Patent No. 6,245,259; and claims 2-5,7, and 10 of U.S. Patent No. 6,592,780, and are manufactured abroad by or on behalf of, or imported by or on behalf of, Dominant Semiconductors Sdn. Bhd., or any of its affiliated companies, parents, subsidiaries, or other related business entities, or any of its successors or assigns, shall be excluded from entry for consumption into the U.S., entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patents, except under license of the patent owner or as provided by law.
Bond Amount During 60-Day Review Period is 100% of Entered Value
The limited exclusion order states that light-emitting diodes that are excluded by this order are entitled to entry for consumption into the U.S., entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, under bond in the amount of 100% of the entered value from the day after the order is received by the U.S. Trade Representative as delegated by the President, until such time as the USTR notifies the ITC that the order is approved or disapproved, but, in any event, not later than 60 days after the date of receipt of the order.
ITC Explanation of Exclusion Orders
In a frequently asked questions (FAQ) document regarding section 337 investigations, the ITC explains 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 04/02/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-6805.pdf
ITC limited exclusion order (issued 03/28/08, as posted on EDIS) available at http://edisweb.usitc.gov/edismirror/337-512/Violation/295926/356040/12d4/95d6ac.pdf