LED companies in China this year, the second survey of 337

In March 20th this year, the United States International Trade Commission (ITC) on light-emitting diode (LED) launched a 337 survey". Due to the involvement of the 30 companies, including the 4 Chinese LED downstream enterprises, thus causing great concern in the domestic industry. In order to fully understand the background, assessment of harm and influence, a positive response, in the industry Tongren attention and the relevant departments under the guidance of experts, lawyers, R & D and Industry Alliance national semiconductor lighting project to carry out a series of meetings and visits to assess the coordination work, culminating in the part of the enterprise's active support and cooperation. The success of the organization 2 (Guangzhou, Shenzhen unilumin honglitronic electronic enterprise) filed a respondent in April 20 to the United States ITC, the number China industry experienced "337" after the investigation of enterprises do not respond by default judgment by the United States after the start of the general exclusion order situation. It is understood that the same period there are 27 companies around the world commissioned a total of 15 law firms are also responding to the work. The last 4 months of active non infringement defense, 2 companies responding to the successful implementation of the plaintiff and the advantage of reconciliation, and achieved 2 patents authorized worldwide, to avoid the general exclusion order and chip export limitation.

However, in the settlement agreement signed less than half a month's time, on August 29, 2008, the plaintiff lawyer again to the United States International Trade Commission (ITC) filed in the list of requirements, supplementary investigation of 11 Asian companies (5 mainland enterprises, 5 enterprises in Taiwan, 1 Japanese companies), and the last is no investigation the upper chip companies compared to 30 enterprises, an increase of some chip production enterprises the survey enterprises.

In this case, September 8, 2008, R & D and Industry Alliance national semiconductor lighting project in the Institute of Semiconductor Research Institute held an emergency countermeasures Seminar on "337 investigation", this is the second in March 08 in the "337 investigation" Jiangsu conference held in Changzhou after the second time the League came at such meeting, a total of 11 union executive director unit, this was increased to nearly 30 companies in the survey, part of union patent pool working group of experts and the first round of the respondent's business representatives and lawyers patent respondent agency representatives attended the meeting. Conference chaired by the Secretary General Wu Ling.

Union director of the office of the first wave of the first phase of the organization informed the organization of the respondent to the United States ITC 337 investigation progress and the results of the respondent, as well as the respondent of international and regional defense companies. The executive chairman of alliance Semiconductor Institute of Chinese Academy of Sciences director Li Jinmin pointed out that the "337 investigation" of effect of light-emitting diode industry is very intense, the government departments and the whole industry should attach great importance to seriously, from the alliance and industry perspective will organize industry experts and the researchers give active support and technical support for the respondent. The first round of the respondent enterprises in Guangzhou and Shenzhen Chau Ming electronic honglitronic two corporate executives in summing up the experience of the 337 survey ", also puts forward some active suggestions on strategy next step.

In the face of litigation issues in the development of industry has suffered intellectual property rights, patent pool alliance working group researcher Wang Guohong further analysis of the "technical rights 337" patent case itself, emphasized the importance of patent pool construction work and related work of the working group to carry out the union patent pool and plans for the future. The first round of attorney in the LED 337 survey of the situation after the review and analysis, it is recommended to face a new round of investigation to be more proactive, strategic deployment.

Participants and experts also expressed their views. Several experts from 863 major projects planning group of experts have said will actively cooperate with the enterprises to give technical guidance and support, to speed up the development of core technology, also proposed to several aspects of cooperation to develop long-term effective patent strategy and response. While the enterprise representatives have said that for the future whether there will be the third batch, the fourth batch of "in the face of international patent litigation can make nothing of it, continue to China, mainland enterprises how to participate in international competition, enterprises should establish effective patent dispute mechanism and coping strategies to face the problem of enterprise in the process of development. As for this, whether the relevant government departments in China can develop as the "337" clause and similar laws and regulations, to fully protect the national industry and market healthy and steady development, also hope to get the full attention of the relevant departments. According to the positive results of the first round in the League under the leadership of the widely recognized industry, proposed to continue by alliance led organization and coordination of the enterprise under investigation work, to further improve the patent analysis and evaluation, to develop more effective strategies to unite, actively treat.

League Secretary General Wu Ling pointed out in his concluding remarks, the Chinese LED industry suffered 337 survey is just the tip of the iceberg". With the rapid development of LED industry in our country, the intellectual property rights of China's LED industry will face greater challenges in the future. Treat the marathon "337 investigation" can arouse our attention, and actively explore coping strategies is our common problem to face, in the face of litigation between the surveys continue to negative impact on enterprises and the participation of the respondent produced huge legal costs of interest, enterprises need the situation analysis clearly. Take out the final opinions and attitudes. Alliance will continue to coordinate government departments to provide the necessary policy support for the enterprise, the union patent pool working group will continue to be investigated for technical support. plus