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The Global Value Lighting filed 337 patent investigation again

by:CHZ Lighting     2020-04-11

on April 30, 2019, the United States Lighting Science Group Corporation ( Also known as 'the lighting science group co. , LTD. ' and/or 'LSG') , with its two American subsidiaries ( 健康干杯,合并及全球价值照明“GVL”) To the United States international trade commission filed a 337 survey application, charged with 10 groups of the defendant company ( Two of the group of the defendant for Chinese companies: xiamen stand marsh and American companies, wood Tomlinson including lande Vance) , eight U. S. patent infringement, and requires the common rule out the relief to ( That is, as long as it is patent infringement product, cannot enter the United States, regardless of whether the defendant companies involved) 。 National semiconductor lighting project research and development and industry alliance ( CSA) To give attention to the patent litigation, actively with the United States Alston & Bird LLP and involving enterprise keep positive communication.

it is understood that the patentee LSG LED 'solution' is a company, reportedly owns 400 patents. LSG was a well-known market participants, but its market share dropped sharply in recent years. In order to convert patent technology to income, from 2013 to 2017, LSG to 21 companies in the United States launched a series of patent lawsuits. Finally, 15 enterprises with LSG reconciliation, six other enterprises of the lawsuit for patent invalid propulsion and suspension of the program. The six companies for Amax Lighting, Nicor, Satco, Technical Consumer Products, shenzhen yoga, and marsh. As a result, have also been referred to as 'patent cockroach company' in the industry.

reportedly LSG in order to improve the competitiveness, in March 2017, LSG and wooden Tomlinson signed a joint venture set up Global Value Lighting ( 'GVL') , the production cost of wood Tomlinson integration advantages to provide its own brand products. LSG based on the content of the complaint, wooden Tomlinson still is the joint venture, GVL, shareholders.

in order to get more investment returns from patent, LSG on April 30, again to choose a patent litigation, the litigation strategy is to the United States international trade commission filed 337 survey program, 337 program is a striking feature of more quickly, and will not make procedure was suspended because of invalid patent application. The actions every 10 groups of the defendant company, involved with the LED, LED lamps and lanterns, Such as tube lights and road) And eight LED systems related patents.

according to the lawsuit, CSA union deputy secretary-general Feng Yadong Alston with the United States, the first time & Bird lawyer partner happy hours a communication. Lemon tree lawyers argue that the lawsuit there are a few points to consider: first, LSG hire filed the lawsuit by the new law, the law firm Noroozi PC and Caldwell Cassady known as the commission agent risk the patentee in the industry. Secondly, according to the report of EdisonReport Noroozi PC Noroozi lawyer ask, learn new investors LSG join, and the new investors think LSG's intellectual property rights is the company's most valuable asset and can generate profits. Finally, the litigation-related eight patents, three of them are with LSG before (the same a patent lawsuit But focusing on the different claims claims infringement) 。 This may mean that LSG valuable patent is the 337 survey of eight patents. Although LSG claimed more than 400 patents, but on the basis of LSG shown on the website of the United States patent information and the product list, about 30 patents related to the LED products, one of the eight patents is involved in the 337 survey.

337 investigation is no stranger to Chinese companies in the United States, the annual 337 investigation about half or more is involved in the enterprises in China. Companies in China's semiconductor lighting and display of the lawsuit also presents the rising trend, the league has also been concern and help enterprises to actively respond to. In recent years, due to China's enterprises to perfect intellectual property management, and deal with the ascension of consciousness, most of those enterprises vigorously to safeguard their own rights and interests, there are many cases to obtain good results. For example, in February 2016 by the American iron and steel in China more than a dozen between 337 filed survey, iron and steel enterprise in China after two years of positive responses to enterprises, in March 2018 to obtain a comprehensive victory. In addition, in 2017, Hitachi metals 337 investigation into claims that Chinese enterprises commercial secrets, but active dropped a few months later. In 2018, Fraen filed a 337 investigation, finally some responses to Chinese enterprises to the withdrawal of the suit; Ultravision for most Chinese LED companies filed survey 337 dropped after the initiative. In addition, in February, Vitaworks investigation taurine filed 337, was no more than a month after the case, dropped Vitaworks is active.

in terms of U. S. companies, the competition on the market in addition to price, function, quality and business model, intellectual property is also one of the core elements of business competition, in order to maintain market share, Prevent competitors sales) , and/or increase revenue sources ( The patent license to a third party obtain the licence fee) 。 LSG the lawsuit is hoping to license a patent in order to obtain the licence fee, in this case. Responses to Chinese companies want to consider is not only the cost of responding to the lawsuit, but more to consider whether the so-called licensing fees and patented technology has a corresponding value, affect the product cost, etc. Positive investigations and collocation of enterprise interest litigation strategy, can let the enterprise get twice the result with half the effort when dealing with patents.

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