The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (I). The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint, as amended, filed by Lighting Science Group Corporation and Healthe, Inc., of Cocoa Beach, FL, and Global Value Lighting, LLC, of West Warwick, RI, on April 30, 2019. This is one of two investigations that the USITC is instituting based on the amended complaint. As it pertains to this investigation, the amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light-emitting diode products, systems, and components thereof that infringe certain patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Nichia Corporation of Tokushima, Japan;
Nichia America Corporation of Wixom, MI;
Cree, Inc., of Durham, NC;
Cree Hong Kong, Limited, of Hong Kong;
Cree Huizhou Solid State Lighting Co. Ltd. of Guangdong, China;
OSRAM GmbH of Munich, Germany;
OSRAM Licht AG of Munich, Germany;
OSRAM Opto Semiconductors GmbH of Regensburg, Germany;
OSRAM Opto Semiconductors, Inc., of Sunnyvale, CA;
Lumileds Holding B.V. of Schipol, Netherlands;
Lumileds, LLC, of San Jose, CA;
Signify N.V. (f/k/a Philips Lighting N.V.) of Eindhoven, Netherlands;
Signify North America Corporation (f/k/a Philips Lighting North America Corporation) of Somerset, NJ;
MLS Co., Ltd. of Zhongshan City, China;
LEDVANCE GmbH of Garching, Germany;
LEDVANCE LLC of Wilmington, MA;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Current Lighting Solutions, LLC of Cleveland, Ohio;
Acuity Brands, Inc., of Atlanta, GA;
Acuity Brands Lighting, Inc., of Conyers, GA;
Leedarson Lighting Co., Ltd., of Xiamen, China; and
Leedarson America, Inc., of Smyrna, GA.
By instituting this investigation (337-TA-1163), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.