Our country undergoes 337 investigation of United States: LED industry rises to 10

September 18, 2008

Our country experience is beautiful ” 337 investigation ” company of lawyer appeal China should appeal to actively strive for rights and interests

On August 30, 2008, our country has 6 LED company again namely semiconductor lighting company, be accused to be suspected of patent tort and will face committee of American international trade (of U.S.ITC) ” 337 investigation ” .

There already was enterprise of LED of 6 chinese mainlands to be sued before adding this and among them 4 are included ITC ” 337 investigation ” list, since this year, our country already had 12 LED enterprise to confront issue of abroad intellectual property (do not include) of industry of region of our country Taiwan.

The United States carries out in the light of chinese mainland product ” 337 investigation ” , begin later from 2002 abruptly grow in quantity. From 2002 up to now, ITC starts those who be aimed at chinese mainland product ” 337 investigation ” already amounted to 65 cases, 48% what occupy the corresponding period to investigate gross.

Regard enterprise of acting our country as one of 337 Chinese lawyers that should accuse the case is most, senior partner Wang Jiabin’s lawyer is in cubic attorney office to was held a few days ago the special subject speech on technology of China International patent and product Fair is medium 2008, appeal our country exports a company to the United States ceaselessly, before signing a contract, must entrust company of professional intellectual property to undertake necessary intellectual property is investigated; When Chinese enterprise has production according to the sample of foreign enterprise or blueprint, should adding up to disclaimer of Alexandrine agreement intellectual property.

In the meantime, he emphasizes, when confronting issue of abroad intellectual property, our country company must be faced actively, be brave in to should appeal to, be affected especially when entire industry profit when, interest affiliated enterprise ought to carry a hand to come, prevent sink passivity situation.

　　 Dispute of LED of Chinese enterprise be involved in

Involve the LED patent contentious case that promote ceaselessly inside beautiful territory since 1997, in Feburary 2008, course of study of the state-owend enterprise in affecting first.

LED(LightEmittingDiode) , glow diode, it is the semiconductor device of a kind of solid state, it is OK and direct an electric translate into is smooth, have smooth effect tall, life long, bad news the marked characteristic such as can little, free from contamination, see extensively in daily life, be like the indicator light of electric home appliances

This year on Feburary 20, american Ms. Rothschild is right include 6 China company inside the whole world 34 companies, because of patent tort, offer application to ITC, the requirement undertakes administrative punish to these enterprises.

Have Ms. Rothschild of patent of 5 United States, it is the retired professor of American Colombia university, chemical doctor. 5 what what this lawsuit has around its, 252, 499 United States are patent (” 499 patent ” ) undertake.

The United States ” 499 patent ” it is the invention that reachs its to produce a method about semiconductor material, its invent a name to be: “The broadband unoccupied place semiconductor that has rate of low ambipolar resistance reachs his to produce a method ” (basically be aimed at II-VI a group of things with common features) of chemical combination semiconductor, obtained authorization on October 12, 1993.

Accuser applied for to eliminate generally to make. According to ” 337 clauses ” , if accuser wins the lawsuit,this is meant, once eliminate generally to make give out, be not the enterprise that states on record to also will get likewise immediate impact, product general by refus besides American market, namely the industry of whole LED illume of the accused country, in including to go up downstream product, cannot enter the United States.

499 patent of American include 22 rights requirement in all, accuser advocated in this case among them 4 rights requirement.

The enterprise of the accused 34, include Japan 11, taiwan area 8, chinese mainland 6, korea 3, the United States 2, singapore, Finnish, Malaysia and Sweden each 1. Motolora, day stands, a lot of international such as electron of love of Nuojiya, all alone, Toshiba, LG is famous enterprise also amid.

6 enterprises of chinese mainland are: Shenzhen city deep bright electron limited company (original name Shenzhen continent Lei) , limited company of Guangzhou city Hong Liguang electron, beautiful photoelectron limited company, Shenzhen exceeds firm photoelectron limited company, Shenzhen elegant beautiful of limited company of triumphant letter photoelectricity and Shenzhen city praise electronic limited company.

In fact, be in early 2005, be aimed at LED tycoon, the abundant cropland synthesis that is like Japan and day inferior the Ou Silang of the Cree company of chemical, United States, Germany and flying benefit riverside, ms. Rothschild with respect to its 499 patent, already initiated patent lawsuit for many times in the United States.

This lawsuit, ITC decides 31 enterprises finally to be resembled to be investigated to be opposite. Among them, shenzhen elegant beautiful of limited company of triumphant letter photoelectricity and Shenzhen city praise electronic limited company did not include investigation list.

According to acting Shenzhen deep bright the Wang Jiabin’s lawyer that should tell with photoelectron of Guangzhou grand benefit discloses, after the investigation program that passes nearly 6 months, a few days ago, the whole world that two China business already succeeded to just reach conditional privilege with accuser reconciles. Enterprise of additionally two China already also solved a problem through reconciling.

About specific reconciliatory content, wang Jiabin’s lawyer says inconvenience discloses.