18
Jul
By Eric Schweibenz
On July 15, 2011, Samsung LED Co., Ltd. of Korea and Samsung LED America, Inc. of Atlanta, Georgia (“SLA”) (collectively, “Samsung”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that OSRAM GmbH of Germany, OSRAM Opto Semiconductors GmbH of Germany, OSRAM Opto Semiconductors Inc. of Sunnyvale, California, and OSRAM Sylvania Inc. of Danvers, Massachusetts (collectively, “OSRAM”) 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 the same that infringe one or more claims of U.S. Patent Nos. 6,551,848 (the ‘848 patent), 7,268,372 (the ‘372 patent), 7,282,741 (the ‘741 patent), 7,771,081 (the ‘081 patent), 7,893,443 (the ‘443 patent), 7,838,315 (the ‘315 patent), 7,959,312 (the ‘312 patent), and 7,964,881 (the ‘881 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to LED technology.  In particular, the ‘848 patent relates to an improved process for fabricating semiconductor LEDs.  The ‘372 patent relates to an improved vertical “GaN” LED.  The ‘741 patent relates to a vertical LED that has an improved layout.  The ‘081 patent relates to an improved LED package.  The ‘443 patent relates to an improved semiconductor LED, which enhances efficiency based on the properties of the layers within it.  The ‘315 patent relates to an improved method for making vertical LEDs.  The ‘312 patent relates to an improved LED that emits white light.  Lastly, the ‘881 patent relates to an improved semiconductor LED.

In the complaint, Samsung alleges that OSRAM imports and sells products that infringe the asserted patents.  The complaint specifically refers to OSRAM’s TOPLED and related products, DRAGON family and related products, OSLON family and related products, CERAMOS and related products, OSLUX and related products, and Sylvania products that contain the OSRAM accused LEDs.

Regarding domestic industry, Samsung states that certain of its own LEDs and products practice at least one exemplary claim of each of the asserted patents in the U.S., and/or are expected to practice at least one exemplary claim in the U.S. when development and commercialization are completed.  As to the economic prong, Samsung states that SLA formally began operations in Atlanta, Georgia in 2010 to help prepare for an expected rapid expansion of the U.S. market for energy-efficient “green” LEDs and LED products.  According to the complaint, SLA employs engineers and other personnel in the U.S. that support Samsung’s domestic industry by providing design, development, assembly, engineering and other technical support relating to Samsung’s products that practice the asserted patents.  Samsung also states that it has entered into agreements with U.S. partners for LED-related joint research, development, design, assembly and engineering in the U.S. 

As to related litigation, Samsung states that on June 3, 2011, OSRAM GmbH filed an ITC complaint against various Samsung entities alleging infringement of certain LED-related patents.  See our June 6, 2011 post for more details.  The ITC instituted an investigation (Inv. No. 337-TA-785) based on OSRAM GmbH’s complaint on July 6, 2011.  See our July 7, 2011 post for more details.  Samsung further states that, on June 6, 2011, OSRAM GmbH filed a complaint in the U.S. District Court for the District of Delaware against these same Samsung entities alleging infringement of certain LED-related patents.  Lastly, Samsung states that, in addition to the instant ITC complaint, Samsung anticipates filing a complaint in the U.S. District Court for the District of Delaware against OSRAM alleging infringement of the asserted patents.

With respect to potential remedy, Samsung requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at OSRAM and related companies.