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Product category: Light Emitting Diodes (LEDs)
News Release from: Philips Lumileds Lighting
Edited by the Electronicstalk Editorial Team on 15 December 2005

Commission to investigate patent
infringement

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The US International Trade Commission has voted unanimously to investigate Lumileds Lighting's complaint of patent infringement by Epistar Corporation and United Epitaxy Co.

The US International Trade Commission (ITC) has voted unanimously to investigate Lumileds Lighting's complaint of patent infringement by Epistar Corporation and United Epitaxy Co The complaint accuses Epistar's omnidirectional mirror adhesion AlGaInP LED products and UEC's metal bond and glue bond AlGaInP LED products of infringing one or more of Lumileds' patents: US Patent 5,008,718; Patent 5,376,580; and Patent 5,502,316

Lumileds is seeking an exclusion order barring entry into the USA of the accused LEDs as well as products containing those LEDs.

The ITC's investigation (337-TA-556) will now proceed in order to determine if Epistar and UEC are violating section 337 of the Tariff Act of 1930 by importing infringing LEDs into the USA, selling them for importation, or selling them in the USA after importation.

If the ITC determines there is a violation, it may issue permanent limited exclusion orders and cease and desist orders to prohibit importations and sales of the infringing LEDs and products containing such LEDs.

Lumileds, which has entered into very few licensing agreements, does not intend to license the technology in question to either UEC or Epistar.

There are no previous licences in effect with either company that cover the infringement that is the subject of the current lawsuit.

Lumileds has also filed a complaint against UEC and Epistar in the US District Court for the Northern District of California for infringement of the same patents at issue in the ITC.

Lumileds seeks both an injunction against future infringement as well as damages, including enhanced damages for wilful infringement.

"We are pleased that the ITC has acted so quickly and is moving forward with the investigation", said Mike Holt, Lumileds' Chief Executive Officer.

"We will continue to lead the development of solid-state lighting technology and to enforce our intellectual property rights".

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