China's LED manufacturing companies respond to the US "337 investigation"

LED industry. On March 20th, the US International Trade Commission (ITC) officially filed a “337 investigation” application for light-emitting diodes (LEDs).
Four companies in Guangdong, China were sued, namely: Shenzhen Chaoyi Optoelectronics Co., Ltd., Guangzhou Hongli Optoelectronics Co., Ltd., Jiaguang Electronics Co., Ltd., Shenzhen Zhoulei Electronics Co., Ltd.
The survey began with an application from the American Columbia University retired professor GertrudeNeumark Rothschild to the US ITC. On February 20th, he asked ITC to launch a “337 investigation” on short-wavelength LEDs and apply for general exclusion orders and stop orders. ITC has identified 34 companies involved in nine countries and regions including China, Japan, Korea and Taiwan.
"There must be a reply within 20 days, otherwise it will be regarded as a waiver and lost." Director of the Semiconductor Industry Alliance Zibo revealed that this matter not only involves four LED companies in China, but also may jeopardize the entire Chinese LED industry. The Semiconductor Industry Alliance is organizing and coordinating to determine the response plan and the response strategy, and it is more likely that the group will respond to the lawsuit.
"In fact, we are very skeptical about the real purpose of the investigation." Zibo pointed out that although the survey involves many large foreign companies, the scale of the enterprises involved in the country is not large, and the target does not directly refer to domestic large-scale enterprises and upstream chips. Manufacturer company. Previously, Philips, Osram, Toyota, Cree and Nichia's five global LED companies have reached a settlement on the patents involved.
Due to the limited ability of the four Chinese companies involved in the case, if the US ITC finally issues a general exclusion order for China's products, during the validity period of the plaintiff's patent, the LED products produced by any Chinese company and the downstream products containing LEDs. It will be completely banned from exporting to the United States.
The survey has a huge impact on the domestic LED industry and downstream industries. At present, there are 1,700 companies related to the LED industry chain in China. According to statistics from the Ministry of Commerce, China’s exports to the United States in 2007 were about 350 million U.S. dollars, a year-on-year increase of 53.9%, and nearly 100 companies involved in the export of light-emitting diodes to the United States. Among them, Dalian Luming, Foshan Guoxing Optoelectronics, Hebei Lide and Shenzhen Fangda Guoke Optoelectronics are domestic first-line LED manufacturers.
Due to the exclusive trade characteristics of the "337" case itself, if the case is not actively responded, the consequences will be very serious. In addition to the loss of the market for LED manufacturers in the United States, it may affect the export of products to Europe and South America. It will lose tens of billions of dollars of international LED products. It is understood that from the beginning of March, Zibo On behalf of the semiconductor industry alliance to lobby domestic LED companies to respond actively, on March 18th, the Semiconductor Industry Alliance also specifically organized the "337 investigation" countermeasures seminar. Participants revealed that the heads of domestic LED enterprises should pay attention to the incident at the meeting, and they should participate in the joint response, and said that they would contribute money and jointly solve the huge litigation costs. At the same time, it is recommended that the semiconductor industry alliance take the lead, organize fundraising, and strive for government support, we must win this lawsuit.
In addition, the participants also believed that the “337 investigation” encountered in the LED industry was only the beginning. 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. Strengthening the awareness of intellectual property protection and implementing effective coping strategies are a long-term and arduous task for China's LED industry to jointly raise vigilance.

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