China's LED companies have encountered the second 337 investigation this year
Light-emitting diodes (LEDs) initiated the "337 investigation." Since the 30 companies involved include 4 Chinese LED downstream enterprises, it has caused great concern in the domestic industry. In order to comprehensively understand the background of the incident, assess the hazards and impacts, and actively respond, under the guidance of all industry colleagues and the guidance of relevant departments and expert lawyers, the National Semiconductor Lighting Engineering R&D and Industry Alliance conducted a series of conference visits and evaluation coordination. Work, and finally, with the active support and cooperation of some enterprises, the successful organization of two companies (Guangzhou Hongli Optoelectronics, Shenzhen Zhouming Electronics) on April 20th filed a response to the US ITC, avoiding the encounters of several industries in China in the past. After the "337" investigation, the company should not sue the situation in which the United States initiated a general exclusion order after the default judgment. It is understood that in the same period, 27 companies from around the world have commissioned 15 law firms to carry out responding work. Through the active non-infringement defense for more than four months, the two companies responding successfully realized the advantage and settlement with the plaintiff, and obtained the global authorization of two patents, avoiding the general exclusion order and limited chip export. problem.
However, just less than half a month after the settlement agreement was signed, on August 29, 2008, the plaintiff’s lawyer filed an application with the US International Trade Commission (ITC) to add a survey to the list of defendants. 11 Asian companies (5 Compared with the case where there were no upstream chip companies among the 30 companies surveyed, mainland companies, five Taiwanese companies, and one Japanese company added some chip manufacturers.
In response to this situation, on September 8, 2008, the National Semiconductor Lighting Engineering R&D and Industry Alliance held an emergency seminar on “337 investigations†at the Institute of Semiconductors of the Chinese Academy of Sciences. This was held in Changzhou, Jiangsu Province in March 2008. After the 337 investigation, the alliance will hold such a meeting for the second time. There are 11 alliance executive directors. The companies that have been investigated this time, some of the alliance patent pool working group experts and the first round of responding business representatives and should Nearly 30 representatives including the patent attorney represented the agency. The meeting was chaired by Wu Ling, Secretary General of the Alliance.
The director of the Alliance Office, Zibo, first reported on the progress and response results of the previous stage of the alliance organization's response to the US ITC “337†investigation, as well as the response of the international and regional defendants. Executive Chairman of the Alliance R&D Executive Director of the Institute of Semiconductors of the Chinese Academy of Sciences, Li Jintao pointed out that the "337 investigation" has a very serious impact on my LED industry. Government departments and the whole industry should pay great attention to it and take it seriously. We will actively organize industry experts from the perspective of alliances and industries. Active cooperation and technical support were provided with the research staff of the Institute. After the first round of responding companies, Guangzhou Hongli Optoelectronics and Shenzhen Zhouming Electronics, the two business leaders put forward positive suggestions on the next step of the work strategy after summarizing the experience of the “337 investigationâ€.
In the face of the ongoing litigation of intellectual property rights in the developing industry, the researcher of the Alliance Patent Pool Working Group, Wang Guohong, further analyzed the technical rights of the patent in the “337†case and emphasized the importance of the construction of the patent pool. Relevant work and future development plans carried out by the Alliance Patent Pool Working Group. After reviewing and analyzing the LED “337 investigationâ€, the lawyers of the first round of agents suggested that they should be more active and strategically deployed in the face of a new round of investigations.
Participants and experts actively expressed their views. Several experts from the overall expert group of the 863 Program Major Projects have expressed their willingness to cooperate with the company to provide technical guidance and support, accelerate the research and development of core technologies, and suggest that several aspects should be collaborated to formulate long-term effective patent strategies and reflection mechanisms. The representatives of the enterprises all said that it is not known whether the third batch or the fourth batch will appear in the future. In the face of the continuous international patent litigation, how should Chinese mainland enterprises participate in international competition? How should an enterprise establish an effective patent dispute handling mechanism and coping strategy is to face serious problems in the process of enterprise development. In view of this situation, whether the relevant government departments in China can formulate similar laws and regulations such as the US “337†clause, fully protect the healthy and steady development of national industries and markets, and hope to receive full attention from relevant departments. In response to the positive results achieved by the alliance under the leadership of the first round, the industry has been actively recognized. It is recommended that the alliance take the lead in organizing and coordinating the response of the surveyed enterprises, further improve patent analysis and evaluation, and formulate more effective strategies. Unite and treat it positively.
Union Secretary-General Wu Ling pointed out in his concluding remarks that this year's LED industry in China encountered "337 investigation" is only "the tip of the iceberg." With the rapid development of China's LED industry, the intellectual property issue of China's LED industry will face greater challenges in the future. Whether the marathon "337 investigation" can cause us to pay enough attention and actively explore the response strategy is a common problem that we all need to face, and face the negative impact of the ongoing litigation investigation on the company and the participation in the lawsuit. The interest relationship between the huge legal fees generated requires the analysis of the enterprise's review of the situation and the final opinions and attitudes. The Alliance will continue to coordinate government departments to provide necessary policy support for enterprises, and the Alliance Patent Pool Working Group will continue to provide technical support for the companies surveyed. Increase the promotion and protection of patents and intellectual property rights, research and develop more practical intellectual property strategies and effective coping strategies, and enhance the international competitiveness of China's LED industry.
However, just less than half a month after the settlement agreement was signed, on August 29, 2008, the plaintiff’s lawyer filed an application with the US International Trade Commission (ITC) to add a survey to the list of defendants. 11 Asian companies (5 Compared with the case where there were no upstream chip companies among the 30 companies surveyed, mainland companies, five Taiwanese companies, and one Japanese company added some chip manufacturers.
In response to this situation, on September 8, 2008, the National Semiconductor Lighting Engineering R&D and Industry Alliance held an emergency seminar on “337 investigations†at the Institute of Semiconductors of the Chinese Academy of Sciences. This was held in Changzhou, Jiangsu Province in March 2008. After the 337 investigation, the alliance will hold such a meeting for the second time. There are 11 alliance executive directors. The companies that have been investigated this time, some of the alliance patent pool working group experts and the first round of responding business representatives and should Nearly 30 representatives including the patent attorney represented the agency. The meeting was chaired by Wu Ling, Secretary General of the Alliance.
The director of the Alliance Office, Zibo, first reported on the progress and response results of the previous stage of the alliance organization's response to the US ITC “337†investigation, as well as the response of the international and regional defendants. Executive Chairman of the Alliance R&D Executive Director of the Institute of Semiconductors of the Chinese Academy of Sciences, Li Jintao pointed out that the "337 investigation" has a very serious impact on my LED industry. Government departments and the whole industry should pay great attention to it and take it seriously. We will actively organize industry experts from the perspective of alliances and industries. Active cooperation and technical support were provided with the research staff of the Institute. After the first round of responding companies, Guangzhou Hongli Optoelectronics and Shenzhen Zhouming Electronics, the two business leaders put forward positive suggestions on the next step of the work strategy after summarizing the experience of the “337 investigationâ€.
In the face of the ongoing litigation of intellectual property rights in the developing industry, the researcher of the Alliance Patent Pool Working Group, Wang Guohong, further analyzed the technical rights of the patent in the “337†case and emphasized the importance of the construction of the patent pool. Relevant work and future development plans carried out by the Alliance Patent Pool Working Group. After reviewing and analyzing the LED “337 investigationâ€, the lawyers of the first round of agents suggested that they should be more active and strategically deployed in the face of a new round of investigations.
Participants and experts actively expressed their views. Several experts from the overall expert group of the 863 Program Major Projects have expressed their willingness to cooperate with the company to provide technical guidance and support, accelerate the research and development of core technologies, and suggest that several aspects should be collaborated to formulate long-term effective patent strategies and reflection mechanisms. The representatives of the enterprises all said that it is not known whether the third batch or the fourth batch will appear in the future. In the face of the continuous international patent litigation, how should Chinese mainland enterprises participate in international competition? How should an enterprise establish an effective patent dispute handling mechanism and coping strategy is to face serious problems in the process of enterprise development. In view of this situation, whether the relevant government departments in China can formulate similar laws and regulations such as the US “337†clause, fully protect the healthy and steady development of national industries and markets, and hope to receive full attention from relevant departments. In response to the positive results achieved by the alliance under the leadership of the first round, the industry has been actively recognized. It is recommended that the alliance take the lead in organizing and coordinating the response of the surveyed enterprises, further improve patent analysis and evaluation, and formulate more effective strategies. Unite and treat it positively.
Union Secretary-General Wu Ling pointed out in his concluding remarks that this year's LED industry in China encountered "337 investigation" is only "the tip of the iceberg." With the rapid development of China's LED industry, the intellectual property issue of China's LED industry will face greater challenges in the future. Whether the marathon "337 investigation" can cause us to pay enough attention and actively explore the response strategy is a common problem that we all need to face, and face the negative impact of the ongoing litigation investigation on the company and the participation in the lawsuit. The interest relationship between the huge legal fees generated requires the analysis of the enterprise's review of the situation and the final opinions and attitudes. The Alliance will continue to coordinate government departments to provide necessary policy support for enterprises, and the Alliance Patent Pool Working Group will continue to provide technical support for the companies surveyed. Increase the promotion and protection of patents and intellectual property rights, research and develop more practical intellectual property strategies and effective coping strategies, and enhance the international competitiveness of China's LED industry.
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