USITC institutes section 337 investigation on certain light-emitting diodes and products containing the same

The investigation is based on two complaints filed by OSRAM GmbH of Germany on June 3, 2011. The complaints allege 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 the same that infringe patents asserted by OSRAM. The complainant requests that the USITC issue an exclusion order and cease and desist orders. The Commission has decided to partially consolidate the investigations based on the two complaints.



The USITC has identified the following as respondents in this investigation:



Samsung Electronics Co., Ltd., of Korea;

Samsung Electronics America, Inc., of Ridgefield Park, NJ;

Samsung LED Co., Ltd., of Korea;

Samsung LED America, Inc., of Atlanta, GA;

LG Electronics, Inc., of South Korea;

LG Innotek Co., Ltd., of South Korea;

LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ; and

LG Innotek U.S.A., Inc., of San Diego, CA.



By instituting this investigation (337-TA-785), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six 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.