07
Jun
By Eric Schweibenz
On June 3, 2011, OSRAM GmbH of Germany (“OSRAM”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that LG Electronics, Inc. of Korea, LG Innotek Co., Ltd. of Korea, LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey, and LG Innotek U.S.A., Inc. of San Diego, California (collectively, “LG”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain light-emitting diodes (“LEDs”) and products containing same that infringe U.S. Patent Nos. 6,459,130 (the ‘130 patent), 6,812,500 (the ‘500 patent), 6,849,881 (the ‘881 patent), 6,927,469 (the ‘469 patent), 6,975,011 (the ‘011 patent), 7,078,732 (the ‘732 patent), 7,106,090 (the ‘090 patent), 7,126,162 (the ‘162 patent), 7,151,283 (the ‘283 patent), 7,199,454 (the ‘454 patent), 7,271,425 (the ‘425 patent) and 7,629,621 (the ‘621 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to LED technology.  In particular, the ‘732, ‘500, ‘162, ‘283, and ‘621 patents relate to a light-radiating semiconductor component with a luminescence conversion element.  The ‘130, ‘469, and ‘454 patents relate to an optoelectronic semiconductor component.  The ‘011 patent relates to an optoelectronic semiconductor component having multiple external connections.  The ‘425 patent relates to an optoelectronic component.  The ‘881 patent relates to an optical semiconductor device comprising a multiple quantum well structure.  Lastly, the ‘090 patent relates to an optical semiconductor device with multiple quantum well structure.

In the complaint, OSRAM alleges that LG imports and sells products that infringe the asserted patents.  The complaint specifically refers to various LG LEDs, LED monitors, and LED televisions as infringing products.

Regarding domestic industry, OSRAM asserts that its White LEDs, White LEDs using chip-level conversion (CLC) technology, Dragon LEDs, Advanced Power TOPLEDs, and Advanced Power TOPLED Plus LEDs are covered by claims of the asserted patents.  As to the economic prong, OSRAM states that its U.S. subsidiaries OSRAM Opto Semiconductors Inc. of Sunnyvale, California and OSRAM Sylvania Inc. of Danvers, Massachusetts invest significantly in plant and equipment, employ significant labor and capital, and make substantial investments in the exploitation of products that practice the asserted patents, including engineering, research and development, and licensing in the U.S.  OSRAM also states that its licensees engage in domestic industry activities in the U.S.

As to related litigation, OSRAM states that it was a Complainant in Inv. No. 337-TA-512, but that that investigation did not involve any of the patents asserted in the instant ITC complaint.  OSRAM also states that the ‘500 patent was the subject of a declaratory judgment action filed by Citizen Elecs. Co. in the U.S. District Court for the District of Columbia in 2005, but that that case was dismissed on jurisdictional grounds.  OSRAM furthers states that the ‘162 and ‘500 patents were the subject of litigation against Citizen Watch Co. and others in the U.S. District Court for the District of Delaware in 2006, but that that case settled as a result of a licensing agreement.  OSRAM further states that concurrent with the filing of the instant ITC complaint, OSRAM is filing suit against LG in the U.S. District Court for the Northern District of California alleging infringement of the asserted patents.  The complaint additionally states that, also concurrent with the filing of the instant ITC complaint, OSRAM is filing another ITC complaint against other Respondents alleging infringement of many of the same patents that are asserted against LG in the instant ITC complaint.  See our June 6, 2011 post for more details.

With respect to potential remedy, OSRAM requests that the Commission issue a permanent exclusion order and permanent cease and desist orders directed at the named LG entities and their affiliates, subsidiaries, successors, and assigns.
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