LED Lit Update: GE Stip Tees Up Claim Construction Appeal and Litepanels Wins ITC Exclusion Order

February 4th, 2013 by Eric Lane Leave a reply »

 

There were significant developments recently in a couple of LED patent lawsuits.  First, in GE Lighting v. AgiLight, previously discussed here, the parties submitted a joint stipulation stating that two of the LED string light engine patents asserted by GE are not infringed.

The parties stipulated that the court’s construction of the claim term “IDC Connector” - a two-part housing, with one part including four electrical terminals, the housing being able to snap together to enclose three insulated conductors – means that U.S. Patent Nos. 7,160,140 and 7,520,771 do not read on AgiLight’s products.

The parties requested entry of partial summary judgment of non-infringement.  GE, of course, did not concede the propriety of the court’s claim construction, and entered into the stipulation to facilitate a prompt appeal of the claim construction decision.

A previous post discussed UK-based Litepanels‘ infringement action in the U.S. International Trade Commission (ITC) involving three patents relating to LED lighting systems for use in film and TV production.  The ITC complaint was filed in August 2011 against several U.S. and Chinese companies.

In September 2012 an administrative law judge (ALJ) at the ITC found a violation of at least one claim of each of U.S. Patent Nos. 6,948,823 (’823 Patent), 7,318,652 (’652 Patent) and 7,972,022 (’022 Patent).

Last month the ITC issued a Notice of Final Determination imposing a general exclusion order, a sweeping remedy that bars importation of any LED devices that infringe the ’652 and ’022 Patents, not just those imported by respondents Flolight and Cool Lights.  The ITC reversed the ALJ’s findings of infringement of the ’823 Patent. 

The ITC imposed the general exclusion order as well as a 43% bond on any infringing products imported pending Presidential review of its decision:

The Commission has further determined that the appropriate remedy is a general exclusion order prohibiting from entry LED photographic lighting devices and components thereof that infringe claims 1, 57, 58, and 60 of the ’022 patent and claims 1-2, 5, 16, 18-19, 25, and 27 of the ’652 patent….Finally, the Commission has determined that a bond in the amount of 43 percent of the entered value is required to permit temporary importation during the period of Presidental review of LED photographic lighting devices and components thereof that are subject to the order.

 

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