On July 6, 2011, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Light-Emitting Diodes and Products Containing the Same (Inv. No. 337-TA-784).
The investigation is based on a June 3, 2011 complaint filed by OSRAM GmbH of Germany (“OSRAM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain light-emitting diodes and products containing same that infringe U.S. Patent Nos. 6,459,130, 6,812,500, 6,849,881 (the ‘881 patent), 6,927,469, 6,975,011 (the ‘011 patent), 7,078,732, 7,106,090 (the ‘090 patent), 7,126,162, 7,151,283 (the ‘283 patent), 7,199,454, 7,271,425 (the ‘425 patent), and 7,629,621. See our June 7, 2011 post for more details.
According to the Notice of Investigation, the ITC has identified LG Electronics, Inc. of South Korea, LG Innotek Co., Ltd. of South Korea, LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey, and LG Innotek U.S.A., Inc. of San Diego, California as the respondents in this investigation. In addition, in view of a similar ITC complaint filed on June 3, 2011 by OSRAM against certain Samsung entities with overlapping patents (see our June 6, 2011 post for more details), the Notice of Investigation provides that this investigation will be (1) partially consolidated with Inv. No. 337-TA-785 (see our July 7, 2011 post for more details), and (ii) limited in scope to whether there is a violation of Section 337 by reason of infringment of certain claims of the ‘881 patent, the ‘011 patent, the ‘090 patent, the ‘283 patent, and the ‘425 patent; and whether a domestic industry in the U.S. exists. Lastly, the Notice of Investigation indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.
In addition, Chief ALJ Paul J. Luckern issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this investigation.