The 337 investigations faced by 11 Chinese LED screen companies were officially launched. What will happen to this result?

On May 24, 2018, the US International Trade Commission (ITC) voted to initiate a 337 investigation of a specific modular LED display panel and its components (survey code: 337-TA-1114).

Despite this investigation (337-TA-1114), USITC has not yet made any decision on the merits of the case. The USITC Chief Administrative Law Judge will assign the case to the USITC Administrative Law Judge (ALJ), who will arrange and hold an evidence hearing. ALJ will initially determine whether there is a violation of Section 337; this preliminary decision is subject to review by the Commission.

The US Trade Commission will determine the end of the investigation within 45 days of filing. Except for the US Trade Representative's veto on policy reasons, the US International Trade Commission's relief order issued in Section 337 came into effect on the date of publication and has a final effect from the 60th day after the date of publication.

The incident originated on April 16, 2018. U.S. Ultravision Technologies filed a 337 investigation application with the US ITC, claiming that the product exported to the United States, imported in the United States, and sold in the United States infringed its patent rights (US registered patent number 9,349,306, 9,916,782), requesting the US ITC to issue a general exclusion order, a limited exclusion order, and an injunction.

According to Applicant's Document No. 3302, 11 Chinese display companies such as Ai Biessen, Alto Electronics, Lehman Optoelectronics, Chau Ming Technology, Shanghai Sansi, Yuanheng Optoelectronics, Liard, Lianjian Optoelectronics and Jin Lixiang, as well as French Prismaflex Japan NEC and Panasonic are all on the list of complaints.

It is reported that the two patents proposed by Ultravision Tech of the United States have no major protective effect on waterproofing, and there is no substantial constraint or damage to the export of Chinese LED display companies to the United States. Gaogong LED learned that the second patent was just patented on March 13, 2018, and the date of protection of the patent was counted from the date of authorization, that is, March 13, 2018. In fact, products with the characteristics of this patent have been sold by the US companies in the US market long before their patents were filed.

After being listed as the respondent, many LED display companies in China have voiced one after another. Liad, Yuanheng Optoelectronics, Zhouming Technology, Alto Electronics and other companies have issued statements and responses.

For this 337 investigation, Liard said that he will actively respond to protect the company's rights. After preliminary analysis and judgment, he believes that the relevant LED products sold by the company do not constitute infringement; Alto Electronics also said that it cooperates with relevant national industry associations and organizations. All necessary legal means to protect the legitimate rights and interests of the company; Zhou Ming Technology responded that it firmly safeguards the legitimate rights and interests of the company and guides the healthy development of the industry.

The 337 investigation submitted by Ultravision Technologies of the United States was officially launched on May 24th. This time, maliciously disrupting the competition order of the LED display market, I believe that for enterprises with independent intellectual property rights in China, the final victory should be achieved. At the same time, this has once again sounded the alarm for some LED display companies in China: strengthening technological innovation and establishing an intellectual property protection system.

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