ITC Finds Infringement of Lumileds' Patent RightsPhilips Lumileds Lighting Company Press Release
FlashlightNews.org - 5/10/2007
ITC Expands Scope of Exclusion Order to Bar Importation of Epistar's OMA, MB, and GB LED Products
Philips Lumileds Lighting Company
SAN JOSE, Ca. - The United States International Trade Commission (“ITC”) today issued a Notice of Commission Decision stating that all of Epistar’s OMA, MB, and GB LED products infringe the patent rights of Philips Lumileds. In addition, the ITC has determined that it will issue a limited exclusion order prohibiting importation of those infringing LEDs manufactured by or on behalf of Epistar, its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities. The exclusion order will also prohibit importation of packaged LEDs containing the infringing LEDs and boards primarily consisting of arrays of such packaged LEDs. Further, the Commission ordered that, during the upcoming period for Presidential review of the Commission’s decision, the amount of bond required to permit even temporary importation will be in the amount of 100% of the value of the LEDs or boards that are subject to the exclusion order.
The Commission’s Notice expands its February 22, 2007 determination in which the Commission adopted portions of the January 8, 2007, ruling by Administrative Law Judge (“ALJ”) Sidney Harris that Epistar’s MB I and MB II products infringe Philips Lumileds’ United States Patent No. 5,008,718 (“718 Patent”), that Philips Lumileds’ 718 Patent, Patent No. 5,376,580; and Patent No. 5,502,316 are valid and enforceable, and that Epistar’s OMA, MB, and GB products are not licensed under those patents. In recent weeks, the parties have submitted briefs regarding whether Epistar’s OMA I, OMA II, GB I, and GB II products also infringe. Today’s Commission decision vindicates Philips Lumileds, which has asserted throughout this investigation that all of Epistar’s accused products infringe Philips Lumileds’ patent rights..
“I am satisfied with the ITC’s ruling,” said Michael Holt, Philips Lumileds’ CEO. “Philips Lumileds will continue to enforce its intellectual property rights, and to lead the world in the development of solid-state lighting technology.”
In addition to the ITC investigation, Philips Lumileds also has a pending action in U.S. District Court for the Northern District of California in which Philips Lumileds asserts its patent rights against Epistar’s OMA, MB, and GB products, seeking both damages and an injunction.
About Philips Lumileds Lighting Company
Philips Lumileds Lighting Company pioneered power LED technology and is the world’s leading provider of power LEDs for everyday lighting applications. The company’s recent records for light output, efficacy and thermal management are direct results of the ongoing commitment to advancing solid-state lighting technology and enabling lighting solutions that are more environmentally friendly, help reduce CO2 emissions and reduce the need for power plant expansion. Philips Lumileds’ LUXEON LEDs are enabling never before possible applications in the automotive, camera flash, display, general lighting, and signage markets. More information about the company’s products and technologies can be found at www.philipslumileds.com.
About Royal Philips Electronics
Royal Philips Electronics of the Netherlands (NYSE:PHG) (AEX:PHI) is a global leader in healthcare, lifestyle and technology, delivering products, services and solutions through the brand promise of “sense and simplicity”. Headquartered in the Netherlands, Philips employs approximately 124,300 employees in more than 60 countries worldwide. With sales of EUR 27 billion in 2006, the company is a market leader in medical diagnostic imaging and patient monitoring systems, energy efficient lighting solutions, personal care and home appliances, as well as consumer electronics. News from Philips is located at www.philips.com/newscenter.