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The US International Trade Commission (ITC) has voted to institute an investigation of certain short-wavelength lasers of Japan’s Nichia Corp and assembled goods containing them (such as high-definition DVD and Blu-ray disk drives used in consumer electronic products).

The investigation is based on a complaint filed in early December by Korea’s Seoul Semiconductor Co Ltd alleging that importation into the USA of Nichia’s short-wavelength lasers (e.g. its 405nm laser diode) violate section 337 of the Tariff Act of 1930 by infringing Seoul’s US Patent No. 5,321,713 (‘Aluminum gallium nitride laser’, filed in June 1992 and granted in June 1994).

Seoul Semiconductor says that, if Nichia is found to be in violation of the ITC’s statute that prohibits unfair competition based on patent infringement, then the ITC is authorized to exclude the products from further importation into the USA.

The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge , who will hold an evidentiary hearing and make an initial determination (subject to review by the ITC) as to whether there is a violation of section 337.

Within 45 days after institution of the investigation, the ITC will set a target date for its completion. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the US Trade Representative within that 60-day period.

Seoul Semiconductor says that it has invested more than $10m in R&D of laser diode and LED-related technologies by US-based universities and companies, and that it has obtained rights to numerous laser diode and LED-related patents.

See related items:

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Nichia sues Seoul Semiconductor for defamation

Seoul files ITC complaint against Nichia for GaN laser patent infringement

Jury affirms infringement of Nichia patents, but Seoul counter-sues

Nichia files second Korean patent lawsuit against Seoul Semi

Nichia expands patent cross-license with Cree; files white LED patent lawsuit against Seoul in Korea

Seoul signs LED patent cross-license agreement with Osram; Nichia lawsuit dismissed in US

Search: Nichia Seoul Semiconductor

Visit: www.usitc.gov

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Visit: www. nichia.com