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IPR Enforcement: Semiconductor Devices, LED Display Panels

Monday, May 28, 2018
Sandler, Travis & Rosenberg Trade Report

Semiconductor Devices. In patent infringement investigation 337-TA-1047 of semiconductor devices and consumer audiovisual products containing the same, the International Trade Commission’s presiding administrative law judge recommended the issuance of a limited exclusion order against two respondents and a cease and desist order against one. The ITC is seeking comments no later than June 18 on whether the issuance of the recommended orders would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

LED Display Panels. The ITC has instituted investigation 337-TA-1114 to determine whether imports of modular LED display panels and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are cabinet-free, waterproof, and designed to be easily and quickly integrated into a larger LED display.

Complainant Ultravision Technologies LLC requests that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in China, Belgium, the United Kingdom, Hong Kong, France, Japan, and the U.S.

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