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China experienced the United States "337 investigation" of the LED (Light Emitting Diode) enterprises rose to 10, LED patent litigation heating up.
According to the "Legal Daily" reported that on August 30, 2008, China has six LED semiconductor lighting business enterprise that is, charged with alleged patent infringement and will face the U.S. International Trade Commission (USITC) "337 investigation." This year, the Chinese mainland enterprises have encountered 12 LED overseas intellectual property rights disputes.
The United States against China Product of the "337 investigation", since the beginning of 2002 after the sudden increase. From 2002 to date, ITC launched against China's products "337 investigation" has reached 65, accounting for the same period of the survey 48% of the total.
Since 1997 in the United States rising LED patent litigation cases in February 2008, the first time spread to the Chinese enterprises.
LED is light-emitting diode, is a solid state semiconductor devices, which can be directly converted into electricity to light, with high-efficiency, long life, low energy consumption and pollution-free, and other significant characteristics, widely seen in daily life, such as home appliances Lights, fog lights, and other car back. It can be foreseen is that the near future, semiconductor lighting will replace the traditional family into the extensive lighting, all the local sources will be used semiconductor lighting.
February 20 this year, the United States Rothschild (Rothschild), including six Chinese enterprises, the global 34 companies to patent infringement grounds, the ITC to apply for these enterprises to administrative sanctions.
Has five U.S. patents Rothschild, a retired Columbia University professor, Dr. chemical.
The litigation surrounding its possession of the United States Patent No. 5252,499 ( "499 patent").
The plaintiff applied for a general exclusion order. In accordance with the "Section 337", which means that if the plaintiff wins the case, once the general exclusion order issued, non-specified place on the enterprises will also be subject to the same direct impact on the products will be rejected in the U.S. market, that is, the defendant State of the LED Lighting industry, including the middle and lower reaches of products, can enter the United States.
34 defendant companies, including 11 Japanese, eight in Taiwan, mainland China 6, South Korea 3, United States 2, Singapore, Finland, Malaysia and Sweden each one. Motorola, Hitachi, Nokia, Sony, Toshiba, LG Electronics and many other internationally known companies are also one.
Currently, China's industrial output value of 100 billion LED. Some experts estimate that as China vigorously promoting conservation-oriented society, five years after its value had no problem trillion.
"337 investigation" originated from the United States "in 1930 tariff law," named after section 337, "Section 337" ITC authority to prosecute companies in the United States, under the premise of the import trade in the area of "unfair act" and "improper Means "have broad investigative powers and the right to the CD, that is, the power to prohibit these products into the U.S. market.
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