A recap:
- On February 20, 2008, Dreier LLP (representing Gertrude Neumark Rothschild) filed a complaint with the International Trade Commission.
- On March 20, 2008, the ITC said that it would investigate the complaint.
- According to the ITC press release, ITC administrative law judge Paul J. Luckern will hold an evidentiary hearing.
- Judge Luckern will then make an initial determination (specifically, whether a "section 337" violation has taken place).
- The ITC may then review Judge Luckern's determination. (In this case, I'm pretty certain that it will be reviewed.)
- If the ITC issues a remedial order, it may still be overturned within 60 days "for policy reasons" by the U.S. Trade Representative.
But, as has been noted before, this is not the first time that Rothschild's lawyers have gone after companies. LEDs Magazine provides a concise summary of the initial actions:
Rothschild has previously filed patent infringement lawsuits against five leading LED makers; Nichia, Osram, Toyoda Gosei, Philips Lumileds and Cree. Out-of-court settlements have been reached with 4 of these companies (the exception being Cree), most recently Philips Lumileds....
LEDs Magazine links to Sidley Austin LLP's March 10, 2008 press release on the Philips Lumileds settlement:
On June 24, 2005, Professor Neumark commenced the action alleging that Philips Lumileds had infringed U.S. Patent No. 4,904,618, “Process for Doping Crystals of Wide Band Gap Semiconductors,” and U.S. Patent No. 5,252,499, “Wide Band-Gap Semiconductors Having Low Bipolar Resistivity and Method of Formation” through the unauthorized manufacture, importation, use, sale and/or offer for sale of light emitting diodes (“LEDs”) and laser diode created using the processes described and claimed in each of these patents.
However, I've previously linked to another Sidley Austin LLP press release regarding Toyoda Gosei:
On July 27, 2005, Professor Neumark filed suit in the Southern District of New York alleging that Toyoda Gosei had infringed U.S. Patent No. 4,904,618, "Process for Doping Crystals of Wide Band Gap Semiconductors," and U.S. Patent No. 5,252,499, "Wide Band-Gap Semiconductors Having Low Bipolar Resistivity and Method of Formation" through the unauthorized manufacture, importation, use, sale and/or offer for sale of light emitting diodes ("LEDs") and laser diode created using the processes described and claimed in each of these patents. Pursuant to the settlement agreement, Professor Neumark has granted rights under both of the Neumark patents to Toyoda Gosei.
I couldn't find a formal date of settlement, but Sidney Austin LLP announce this on August 9, 2006.
And, I've previously linked to a July 11, 2005 item in Compound Semi News that names four target companies:
USA Professor Gertrude F. Neumark of Columbia University in New York has filed lawsuits against four of the "Big Five" in the solid state lighting industry. According to Jed Dorsheimer, equity research analyst at Adams Harkness, Dr. Neumark has filed separate patent infringement suits against Cree, Lumileds Lighting , Toyoda Gosei, and Osram Opto Semiconductors....The four separate lawsuits containing basically the same wording pertain to two of Neumark’s 1988 patents, patent # 4,904,618 entitled “Process of Doping Crystals for Wide Band Gap Semiconductors” and # 5,252,499 entitled, “Wide Band Gap Semiconductors Having Low Bipolar Resistivity and Method of Formation”....The suit against Cree was filed in US District Court Southern District of New York on June 24, 2005. (case 05 CIV 593).
But LEDs Magazine named a fifth company, Nichia. I haven't found out any details about this lawsuit yet, other than the fact that it was also settled.
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