2011-22264. In the Matter of Certain Light Emitting Diodes and Products Containing Same; Notice of Institution of Investigation

Institution of investigation pursuant to 19 U.S.C. 1337.

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 27, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LG Electronics, Inc. of Korea and LG Innotek Co., Ltd. of Korea. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain light emitting diodes and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,928,465 (“the '465 patent”); U.S. Patent No. 7,956,364 (“the '364 patent”); U.S. Patent No. 6,841,802 (“the '802 patent”); U.S. Patent No. 7,649,210 (“the '210 patent”); U.S. Patent No. 7,884,388 (“the '388 patent”); U.S. Patent No. 7,821,024 (“the '024 patent”); U.S. Patent No. 7,868,348 (“the '348 patent”); and U.S. Patent No. 7,768,025 (“the '025 patent”). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

ADDRESSES:

The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone [phone]. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on [phone]. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at [phone]. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT:

The Office of Dockets Services, U.S. International Trade Commission, telephone [phone].

Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2011).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 25, 2011, Ordered That—

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain light emitting diodes and products containing same that infringe one or more of claims 1, 2, 10, 11, 13-15, 17, 18, 20-23, 26-34, and 36-42 of the '465 patent; claims 1-12, 14-22, 24-30, 33, 35, 36, 38-46, 49, 50, 52-54, 60, 61, 63, 65, 66, 68, and 69 of the '364 patent; claims 1, 2, 4, 11, 15, 17, 18, 21, and 24 of the '802 patent; claims 1-4, 6, 8-12, 16-21, 24-29, and 31-37 of the '210 patent; claims 1-4, 6-10, 13-17, 19, 22-29, 32, 40, 42-45, and 48 of the '388 patent; claims 10-13, 19, 24, 25, and 29 of the '024 patent; claims 1, 2, 8-10, 12, 14, 18, and 20-24 of the '348 patent; and claims 1-7, 9, 11, 14-16, and 23 of the '025 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a) The complainants are:

LG Electronics, Inc., LG Twin Towers, 20, Yeouido-dong, Yeongdungpo-gu, Seoul, 150-721, Korea.

LG Innotek Co., Ltd., Seoul Square 20F, Namdaemunno 5-ga, Jung-gu, Seoul 100-714, Korea.

(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:

OSRAM GmbH, Hellabrunner Strasse 1, 81543 Munich, Germany.

OSRAM Sylvania Inc., 100 Endicott Street, Danvers, MA.

OSRAM Opto Semiconductors GmbH, Leibnizstr 4, 93055 Regensburg, Germany.

(3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

The Office of Unfair Import Investigations will not participate as a party in this investigation.

Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.

Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.

Issued: August 25, 2011.

By order of the Commission.

James R. Holbein,

Secretary to the Commission.