Retired professor Gertude Neumark Rothschild in American Colombian University considered his American Patent NO.5, 252, 499 was infringed, and applied for 337 investigation regarding shortwave LBD, laser LED, etc.. According to ITC in America on February 20th, 2008, more than 30 enterprises which produce similar products in the global market were litigated. ITC in America received complainant’s litigation request to pull on record in due form and made an investigation on March 20th, 2008.
499 Patent is full named broad band semiconductor with low double poles resistance rate and manufacturing method, which is of semiconductor extending developing shield. It was applied on August 15th, 2008 by Rothschild, authorized on October 12th, 1993, and expired on October 12th, 2010. The complainant had accused Cree, Llumileds, Toyoda, Gosei, Osram, etc. in a local court of New York. In July 2005, and it was reconciled or it is reconciling. This inculpation mainly aimed to famous global enterprises which operate LED packaging and application such as Motorala, Nokia, Sony, SUOAI, DONGZHI, RILI, SANLING, XIAPU, XIANFENG, SANYANG, Sumsung, LG, etc. Guangzhou Hongli Lighting Electronic and Shenzhen Unilight Electronic Co., Ltd are two of four accursed enterprises in mainland China.
Guangzhou Hongli lighting and Shenzhen Unilight are answering this case with positive, serious and responsible attitude after placed on 337 investigation list. With care and coordination of related governmental departments, we work with national semiconductor lighting engineering, R&D and industry federation to answer the complainant and made lots of significative work. When other enterprises are shilly-shally, we are answering in positive and bold. Since the public do not know 337 investigation well, and do not understand more about the reason, process and influence of this case, and even surmised. Therefore, it is unavoidable to make suspicion and misunderstanding to LED industry and accursed enterprises, even several enterprises and people made some unkind remark and disseminated the accursed enterprises. Therefore, national semiconductor lighting engineering, R&D and industry federation considers that this investigation is a crisis which needs all the enterprises in this field get solidified for solution. Here, our federation makes the following explanation to all the people who take care of LED national industry development:
1.Guangzhou Hongli Lighting and Shenzhen Unilight are enterprises with strong mission sense. This 337 investigation appeared to aim to four enterprises that operate LED packaging and application in China only, however the complainant applied for removing order to ITC. If Guangzhou Hongli and Shenzhen Unilight did not answer the litigation because of their private benefit, it will bring more hidden trouble to China’s LED industry and other enterprises. The active behavior of the two enterprise are correct， they also undertook the task of communicating with international which representing china LED national enterprise.
2.Guangzhou Hongli Lighting and Shenzhen Unilight are enterprises with strong responsibility sense. Compare to another two overseas well known enterprise，this two companies are not big,just the “young cow”, but no matter how it developed and what will be the result, they try their best to guaranty good quality.
3.Guangzhou Hongli Lighting and Shenzhen Unilight are enterprises respecting intellectual property rights. When the enterprises are built, they are emphasized on the building of Intellectual property and respect others’ Intellectual property, also do a lot of benefit work. This time, the 337 investigation focus on the extension technology of LED whether impinged the 499 patent right requirements. It has not direct relation with LED packaging technology. While Guangzhou Hongli Lighting and Shenzhen Unilight also overcame the difficulties, and actively communicate with the LED chip supplier, looking for the proof of paten technology. The two enterprises reply on 337 positively, it has proved that they respect intellectual property rights, also respect international convention and industry rule.
4. The response to the charge of 337 investigation is carried through in order. The case are developed flowing to the favorable way. Although the case dragged in the energy of the enterprise, Guangzhou Hongli Lighting and Shenzhen Unilight are still act well. Whatever the result will be like, it will affect the products sales. The two enterprise also express they will be.
The lighting industry Federation thanks again to the friends who cares about the development of LED industry and the friends who agree with our positive reply on the 337 case. At the same time we will encourage the enterprise to emphasize the construction of intellectual property rights, actively compete on the international stage and ensure the development of nationality new industry.