By Eric Schweibenz
On May 13, 2019, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain LED Packages Containing PFS Phosphor and Products Containing Same (Inv. No. 337-TA-1156).

By way of background, this investigation is based on a April 11, 2019 complaint filed by Current Lighting Solutions, LLC of East Cleveland, Ohio, General Electric Co. of Boston, Massachusetts, and Consumer Lighting, LLC of East Cleveland, Ohio alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain electronic nicotine delivery systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,497,973 and 9,680,067.

According to the Notice of Investigation, the Commission has identified Cree, Inc. of Durham, North Carolina, Cree Hong Kong Ltd. of Hong Kong, and Cree Huizhou Solid State Lighting Co. Ltd. of China as respondents in this matter.

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in the investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Clark S. Cheney will be the presiding Administrative Law Judge in this matter.