August 25, 2011
News Release 11-109
Inv. No. 337-TA-802
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN LIGHT-EMITTING DIODES AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diodes and products containing same. The products at issue in this investigation concern gallium nitride (GaN) semiconductor light-emitting diodes that convert electrical current to light.
The investigation is based on a complaint filed by LG Electronics, Inc., and LG Innotek Co., Ltd., of South Korea, on July 27, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light-emitting diodes and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
OSRAM GmbH of Germany;
OSRAM Sylvania Inc. of Danvers, MA; and
OSRAM Opto Semiconductors GmbH of Germany.
By instituting this investigation (337-TA-802), the USITC has not yet made any decision on the merits of the case. The USITC's Acting Chief Administrative Law Judge will assign the case to one of the USITC's four administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.