At the Beijing Olympics, LEDs shined. However, Chinese LED companies have once again encountered patent infringement complaints and are facing the risk of being forced to withdraw from the US market.
The Beijing Olympic Games is a grand event for sports, and it can also be said to be a grand event for LEDs. The wide use of LEDs in the opening and closing ceremonies of the Beijing Olympics and Paralympics is unmatched by previous Olympic Games. When the illusion created by tens of thousands of LEDs is beautifully displayed in front of the world, the influence of Chinese LEDs is undoubtedly revealed.
Although the Beijing Olympic Games has brought brilliance to the LED industry, the problems in the development of the LED industry chain cannot be ignored.
Frequently investigated by 337
On August 30, when the Chinese LED industry was still immersed in the brilliant achievements created by the Beijing Olympics, six Chinese LED companies (ie, semiconductor lighting companies) were accused of patent infringement and would face the US International Trade Commission (USITC). ) 337 investigation.
Prior to this, six Chinese LED companies had been sued, and four of them were listed on the ITC337 survey. Since the beginning of this year, 12 LED companies in China have experienced overseas intellectual property disputes (excluding related enterprises in Taiwan Province of China).
In fact, the US plaintiff who sued Chinese companies was the American Rothschild who filed a patent lawsuit against 34 companies including six Chinese companies on February 20 this year.
It is understood that Ms. Rothschild, who owns 5 US patents, is a retired professor and doctor of chemistry at Columbia University. The lawsuit was conducted around the US Patent No. 5252499 (the 499 patent). The US 499 patent is said to be an invention of a semiconductor material and a method of manufacturing the same, and its invention name is a wide band gap semiconductor having a low bipolar resistivity and a method of manufacturing the same (mainly for a II-VI compound semiconductor), October 1993 Authorized on the 12th.
According to relevant sources, in the lawsuit that occurred in February this year, the plaintiff applied for a general exclusion order against the six Chinese LED companies suspected of infringement, four of which have been included in the ITC337 survey list. According to Section 337, this means that if the plaintiff wins the case, once the general exclusion order is issued, the non-listed company will be affected the same, and the product will be rejected outside the US market, that is, the entire LED lighting industry of the respondent country. Including the upper, middle and lower reaches of the product, can not enter the United States.
Fortunately, according to lawyer Wang Jiabin, who was represented by Shenzhen Yuanming and Guangzhou Hongli Optoelectronics, after nearly six months of investigation, two Chinese companies have successfully reached a favorable global settlement with the plaintiff. It is understood that the other two Chinese companies have also solved the problem through settlement.
Although the content of the specific settlement, Wang Jiabin said that it is inconvenient to disclose. However, some patent experts pointed out that the conclusion of the 337 investigation and settlement generally has to pay a huge price. Even before, there were Chinese companies that were too expensive and chose to withdraw from the US market.
Soon after, Ms. Rothschild sued another six Chinese LED companies for infringement, and the timing of her selection coincided with the success of the Beijing Olympics and the LED shine. This has led some insiders to doubt the motivation of Ms. Rothschild. They believe that it is impossible to rule out the possibility that someone wants to take advantage of the Olympic Games and knock on Chinese LED companies.
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