Victory of Chinese LED Enterprises in ITC 337 Investigation

Imp-Exp Executive Magazine interviewed Finnegan partner Ningling Wang regarding the recent U.S. International Trade Commission (ITC) case: Certain Modular LED Display Panels and Components Thereof (Investigation No. 337-TA-1114).  In describing key points for handling the case, Wang explained, “We worked with each of our clients to better understand the accused products and identify prior arts, which assisted us to identify the strongest evidence. We focused on key tactics, such as non-infringement and invalidity of the patents at issue. The invalidity evidence includes prior use and prior art.” Wang acknowledged that “ITC litigation presents a distinct challenge—litigating a technologically complicated case in a short period of time, in a pressure-packed forum. Lawyers must have solid technical background, enriched litigation experience and effective management of ITC investigation proceedings, such that they can efficiently and knowledgeably evaluate the case and put forward pertinent arguments targeting on the key technological and legal issues that will drive the case.”

Wang also shared her encouragement of Chinese companies to be prepared with litigation risks in the United States, especially to make efforts on IP portfolio management so that competitors might be deterred from bringing a lawsuit. One of the Chinese respondents recognized this case as a milestone because the result has a great influence on the entire LED industry in China and is also a good reference for companies in other industries that conduct business with products exporting to the United States.