April 26th, the fifteenth World Intellectual Property Day is approaching, the United States International Trade Commission (ITC) on the CREE accused of four LED companies launched the investigation of the incident caused the industry's strong concern in 337.
It is reported that in January 12, 2015, CREE filed charges against ITC, accusing the import and sale of American Feit, Taiwan East Bay and part of the enterprise LED products and similar components infringe CREE patents, the application of 337 investigation, ITC released the exclusion order and injunction. February 12th, ITC decided to vote on the United States Feit, Xiamen Feit, Taiwan East Bay, the United States Unity Microelectronics (East American Marketing Company) four companies launched a survey of 337.
Reporters from the LED Intellectual Property Alliance (LPA) that intellectual property Engineer Zhang Yafei in 337, the survey by CREE covers 8 patents, involving the extension from the chip to the package has been used, covering the whole industry chain LED.
CREE chairman and CEO Chuck Swoboda said: "we are pleased that ITC decided to start the investigation, the full support of CREE competition, but should be a fair competition, the past ten years, we have invested nearly $1 billion, is used as the basis for creating LED lighting technology research and development. We have 4000 patents, we have an obligation to take action to protect our interests of shareholders and authorized partners ", he believes that the Feit and the East Bay by tort, enjoying an unfair advantage, hindering the development of new products to consumers.
So, the prosecution of the LED companies are not able to watch the crowd, sit back and relax?
The reporter consulted the LED Industry Patent Alliance legal experts committee lawyer Sun Yinsheng, he told reporters: "no litigation, does not mean no problem, only that the domestic enterprises have not yet strong enough to threaten the interests of CREE. The litigation involved in the front of the LED industry chain, in addition to these technologies in the United States to obtain legal protection, but also through the priority in the CREE patent protection in China, which is our most worried about things. If one day, CREE joint intention of semiconductor lighting international giants such as PHILPS, OSRAM, etc., the establishment of a patent pool or patent alliance with their patent, full stop China semiconductor lighting enterprises in Chinese, manufacturing and sales of the patented product, or many China semiconductor lighting industry enterprises may be like DVD from the industry as unable to get up after a fall. After all, the current patent cross licensing terms between the five major manufacturers of uncertain anti CREE, but also to prevent other manufacturers, this is a tug of war. "
Lawyer Sun Yinsheng added, although this is a result of normal commercial competition, but the above speculation is not sensational, once the foreign lighting giant LED network may tighten patent, the majority of enterprises will inevitably China LED lighting.
Then, the litigation coverage on the whole industry chain downstream, in the end is to test the water behavior of CREE itself, or giants try to catch the prelude? Feit Xiamen and Taiwan East Bay, American Unity Microelectronics and Chinese, accounting for 75% of the total number of the enterprises, these enterprises are what background, whether at the spear China this lawsuit will be? What is the impact of China LED industry? LED related enterprises should be how to deal with?
In view of the above questions, LPA Deputy Secretary General Wang Hua told reporters, LPA received ITC to start the 337 survey of more than four companies in the news, immediately communicate with the Guangdong Provincial Intellectual Property Center, in order to deeply understand the background of events, harm and impact assessment of the 337 survey, and will try to bring this event China the LED industry will minimize the damage, in March 20th, the Guangdong Provincial Intellectual Property joint research and development center and the Shenzhen University College of Optoelectronic Engineering, held an emergency "337 investigation" seminar in Shenzhen University College of optoelectronic countermeasures.
Up to now, according to the reporter, the prosecution did not respond to any incident.
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