Current Position: Home > IP News > US patent infringement case wins, Chinese led enterprises win the first battle

On June 14, it was reported that the ultravision intellectual property lawsuit, which took more than two years, reached the first instance judgment on June 12. The Texas District Court of the United States found that the defendant did not constitute patent infringement, and the plaintiff's patent was invalid. Finally, the Chinese led enterprise won the lawsuit.

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The industry believes that the success of this case will have a huge impact on the whole industry, and this is also a milestone victory of China's LED display in the U.S. patent infringement and "337 investigation" (Section 337 of the tariff act of 1930).

In June 2019, ultravision filed an intellectual property infringement lawsuit against 11 Chinese LED display enterprises and international enterprises such as Samsung, Barco and prismaflex in the Eastern District Court of Texas.

On March 27, 2018, U.S. ultravision applied to the International Trade Commission (ITC) for a 337 case investigation, claiming that China's specific modular LED display panels and their components exported to, imported from, and sold in the United States infringe its intellectual property rights. The charges include LianJian optoelectronics, abison, Zhouming technology, Riad Eleven Chinese companies, including Alto electronics, have infringed on their two LED display module patents and requested the promulgation of general exclusion orders, limited exclusion orders and prohibition orders.

It is reported that in the 337 investigations involving intellectual property rights, whether American enterprises (natural persons) or non American enterprises (natural persons), as long as they believe that the imported products infringe the patent right, trademark right, copyright or integrated circuit layout design right registered or registered in the United States, and can prove that the corresponding domestic industry has existed or is forming in the United States, They can file a 337 investigation application with ITC in accordance with the law.

On May 24, 2018, ITC of the United States voted to launch a 337 survey on specific modular LED display panels and their components (survey code: 337-ta-1114).

On November 27, 2018, ultravision submitted a motion to the United States ITC to terminate the investigation.

On January 31, 2019, the United States ITC issued a preliminary ruling (Order No. 29) to approve the termination motion of ultravision.

On February 21, 2019, the ITC of the United States formally decided not to review the preliminary ruling of the ITC judge, starting from the patent infringement case initiated by the American company against Chinese LED display enterprises on March 27, 2018. The plaintiff now unconditionally withdraws the lawsuit, and the investigation of LED display 337 case has officially ended.

The China Optical and optoelectronic Association issued a statement at that time, saying that the incident was the speculation of individual US enterprises under the background of China and the United States at that time, and that the association would "organize industry resources and strength to actively respond to the 337 investigation.".

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China Optical and optoelectronic association also said that ultravision technologies was founded in 2010, and its two patents mainly focus on waterproof, without substantial protection effect. The patents have no substantial constraints and harm on the export of Chinese LED display enterprises to the United States. In fact, the products with the characteristics of the patent have been sold in the U.S. market by a number of companies long before the patent application, so there is a great doubt about the stability of the patent. At the same time, the patent does not belong to the core key technology of LED display screen. Whether the related product technology of Chinese enterprises infringes on it remains to be implemented. The specific evidence collection and infringement identification of 337 investigation is a complex and long process, and the final result is uncertain.

[tips] source: Internet. The copyright belongs to the original author. If there is something wrong, please contact to inform us of modification or deletion. Thank you.


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