On July 27, 2011, LG Electronics, Inc. of South Korea and LG Innotek Co., Ltd. of South Korea (collectively “LG”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that OSRAM Gmbh of Germany, OSRAM Sylvania Inc. of Danvers, Massachusetts, and OSRAM Opto Semiconductors Gmbh of Germany (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain light emitting diodes and products containing same that infringe certain claims of U.S. Patent Nos. 7,928,465 (the ‘465 patent), 7,956,364 (the ‘364 patent), 6,841,802 (the ‘802 patent), 7,649,210 (the ‘210 patent), 7,884,388 (the ‘388 patent), 7,821,024 (the ‘024 patent), 7,868,348 (the ‘348 patent), and 7,768,025 (the ‘025 patent) (collectively, the “asserted patents”).
According to the complaint, the products and technology at issue concern semiconductor light emitting devices, including LEDs, which convert electrical current to light. In particular, the ‘465 and ‘364 patents generally concern light emitting devices having a vertical structure. The ‘802 and ‘210 patents generally concern a light emitting device that converts light emitted by an LED chip to light having a different wavelength. The ‘388 patent provides an improved gallium nitride (GaN) semiconductor device. The ‘024 patent generally concerns a semiconductor light-emitting device having a roughness layer on a surface of the semiconductor structure. The ‘348 patent generally concerns vertical semiconductor light-emitting devices having improved light emission efficiency and light escape efficiency and a method for making them. The ‘025 patent generally concerns vertical semiconductor light emitting devices and an improved method of making such devices.
In the complaint, LG asserts that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically identifies a number of allegedly infringing light-emitting devices associated with the Proposed Respondents.
Regarding the technical prong of the domestic industry requirement, LG asserts that it sells in the United States certain LCD televisions and monitors that include LEDs that practice at least one claim of certain of the asserted patents. With respect to the economic prong of the domestic industry requirement, LG states that it has made and continues to make significant investments in plant facilities and equipment within the U.S. in connection with the service and engineering of products covered by the asserted patents. LG specifically refers to its facilities in Huntsville, Alabama and Rancho Cucamonga, California as facilities that are involved with products covered by the asserted patents.
As to related litigation, LG asserts that concurrently with the filing of its ITC complaint it also filed a complaint in the U.S. District Court for the District of Delaware alleging that OSRAM infringes the asserted patents. LG also identifies two ongoing ITC investigations (Inv. Nos. 337-TA-784 and 337-TA-785) and a U.S. district court case in the Northern District of California involving OSRAM and LG.
With respect to potential remedy, LG requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at the Proposed Respondents.