US "337 investigation" sword refers to Chinese LED products

LED industry.
Recently, Gertrude Neumark Rothschild, a retired professor at Columbia University, filed an application with the US International Trade Commission (ITC), accusing the global 30 companies of producing LEDs and laser products sold in the United States and infringing one patent (Patent No. 5252499). ), ITC is required to initiate the “337 investigation” on the respondent, and apply for a general exclusion order and a prohibition order. Four enterprises in Guangdong are involved in the case.
Yesterday, it was learned from the Optoelectronic Devices Branch of China Optical Optoelectronics Industry Association (hereinafter referred to as “Photoelectric Branch”) and the National Semiconductor Lighting Engineering R&D and Industry Alliance (hereinafter referred to as “Semiconductor Industry Alliance”) that on March 20th, the US ITC officially opened the case, including China. Thirty global companies including four LED manufacturers have received complaints from ITC.
"There must be a reply within 20 days, otherwise it will be regarded as a waiver and lost." Director of the Semiconductor Industry Alliance Zibo revealed that this matter not only involves four LED companies in China, but also may jeopardize the entire Chinese LED industry. The Semiconductor Industry Alliance is organizing and coordinating to determine the response plan and the response strategy, and it is more likely that the group will respond to the lawsuit.
The scope of the attack was found on the ITC website. 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. The four Chinese manufacturers are Chaoyi Optoelectronics, Jiaguang Electronics, Guangzhou Hongli Optoelectronics and Zhou Lei.
According to the relevant person in charge of Guangzhou Hongli Optoelectronics Co., Ltd., Guangzhou Hongli Optoelectronics Co., Ltd. has been actively handling this matter and will definitely respond.
The adjustment is privately held within 45 days after the start of the silk. If the judgment is not vetoed by the US Trade Representative Office within 60 days, the ITC's decision will be final.
"In fact, we are very skeptical about the real purpose of the investigation." Zibo pointed out that although the survey involves many large foreign companies, the scale of the enterprises involved in the country is not large, and the target does not directly refer to domestic large-scale enterprises and upstream chips. Manufacturer company. Previously, Philips, Osram, Toyota, Cree and Nichia's five global LED companies have reached a settlement on the patents involved.
Due to the limited ability of the four Chinese companies involved in the case, if the US ITC finally issues a general exclusion order for China's products, during the validity period of the plaintiff's patent, the LED products produced by any Chinese company and the downstream products containing LEDs. It will be completely banned from exporting to the United States.
"The investigation has a huge impact on the domestic LED industry and downstream industries." Hu Aihua, secretary general of the Optoelectronics Branch, revealed that the Ministry of Commerce attaches great importance to this matter and urgently notes relevant enterprises and industry associations, pointing out that this is the fifth time that Chinese companies have encountered this year. Apply for the “337 investigation”.
According to statistics from the Ministry of Commerce, China’s exports to the United States in 2007 were about 350 million U.S. dollars, a year-on-year increase of 53.9%, and nearly 100 companies involved in the export of light-emitting diodes to the United States. Among them, Dalian Luming, Foshan Guoxing Optoelectronics, Hebei Lide and Shenzhen Fangda Guoke Optoelectronics are domestic first-line LED manufacturers.
The group's return to the "337" case itself has the exclusive trade characteristics, if not actively responded, the consequences will be very serious. In addition to the loss of the market for LED manufacturers in the United States, it may affect the export of products to Europe and South America. It will lose tens of billions of dollars of international LED products. "The time is very tight, and the response is too much. Expensive." Hu Aihua revealed that from the previous "337 investigation" case, the general response fee is 6 million US dollars, so China must prepare at least 3 million US dollars.
It is understood that from the beginning of March, Zibo on behalf of the semiconductor industry alliance around the domestic LED companies actively responded to the lawsuit, on March 18th, the semiconductor industry alliance also specifically organized the "337 investigation" countermeasures seminar.
Participants revealed that the heads of domestic LED enterprises should pay attention to the incident at the meeting, and they should participate in the joint response, and said that they would contribute money and jointly solve the huge litigation costs. At the same time, it is recommended that the semiconductor industry alliance take the lead, organize fundraising, and strive for government support, we must win this lawsuit.
In addition, the participants also believed that the “337 investigation” encountered in the LED industry was only the beginning. With the rapid development of China's LED industry, the intellectual property issue of China's LED industry will face greater challenges in the future. Strengthening the awareness of intellectual property protection and implementing effective coping strategies are a long-term and arduous task for China's LED industry to jointly raise vigilance.

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