337 investigation of the latest trends: 2 LED companies jointly responded


Relevant statistics show that the biggest area of ​​the LED market in the future will be the lighting market. If it can completely replace the fluorescent lamp, the potential market size will probably exceed 300 billion US dollars. It is estimated that by 2010, the output value of the entire Chinese LED industry will exceed 150 billion yuan.

On March 20th, the US International Trade Commission (ITC) officially filed a 337 investigation report on light-emitting diodes (LEDs), and 30 companies including four Chinese LED manufacturers received complaints from ITC. The LED and laser products sold by these companies in the United States allegedly infringed a patent (Gate No. 5252499) of the University of Columbia honorary retired professor GertrudeNeumark Rothschild.

The reporter learned from the ITC website that the 337 investigation involved a very large range of companies, including LG Electronics, Motorola, Nokia, Samsung, Sony, Sharp, Sony Ericsson, Toshiba and other internationally renowned brands are listed, and the case involved 4 China's LED manufacturers are Chaoyi Optoelectronics, Jiaguang Electronics, Guangzhou Hongli Optoelectronics and Shenzhen Zhoulei.

Although the scale of Chaoyi Optoelectronics, Jiaguang Electronics, Guangzhou Hongli Optoelectronics and Shenzhen Zhoulei is not too large, but for the emerging Chinese LED industry, the impact of the 337 investigation should not be underestimated.

On April 18, under the leadership of China's semiconductor lighting engineering research and development and industry alliance, Guangzhou Hongli Optoelectronics and Shenzhen Zhoulei decided to jointly respond to the lawsuit.

More than 30 companies including Sony

According to the reporter, on February 20 this year, Professor GertrudeNeumark Rothschild asked ITC to initiate a 337 investigation on short-wavelength LEDs and apply for general exclusion orders and stop orders. ITC has identified 34 companies involved in China, Japan, Korea and Taiwan.

At the time, the industry had speculated that this was a 337 investigation against the Blu-ray camp led by Sony. However, the relevant person of Sony China Co., Ltd. quickly said that there are many patents in Sony's Blu-ray technology. The reason for the investigation was the basic patent of LED. Obviously, this has nothing to do with the Blu-ray camp. I believe there will be more companies. Being charged.

According to the relevant information on the website of the Ministry of Commerce, US companies can use the Section 337 of the US Tariff Act of 1930 to conduct an administrative investigation into the imported products to the US International Trade Commission; if the investigation is true, the infringed US industry can request the US government. Administrative measures are prohibited to prohibit the import and sale of this product to the United States.

In recent years, the situation of the US 337 investigations suffered by domestic companies has rapidly increased and the scope has become larger and larger. The battery and other industries have been the targets of the 337 investigation in the past few years. Nowadays, in the field of international trade, more and more American companies use Section 337 not to prevent foreign patent infringement, but to keep foreign related companies out of the US market.

Relevant statistics show that the biggest area of ​​the LED market in the future will be the lighting market. If it can completely replace the fluorescent lamp, the potential market size will probably exceed 300 billion US dollars. It is estimated that by 2010, the output value of the entire Chinese LED industry will exceed 150 billion yuan.

The 337 investigation is not an application initiated by the company, and the scope of the enterprises involved is also very large. However, it is even more noteworthy that although the scale of the Chinese enterprises involved in this case is not too large, if the response is unfavorable, it will bring development variables to the entire domestic LED industry.

For more than 1,700 LED manufacturers and upstream chip manufacturers in China, the four companies that have been sued for this lawsuit are infringed, which means that ITC may issue a general exclusion order, that is, LEDs produced by Chinese companies during the validity period of the plaintiff's patents. And downstream products containing LEDs will be completely banned from exporting to the United States, and the total amount involved may rise from the current $100 million to billions of dollars.


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