The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain short-wavelength (e.g., blue, violet) LEDs and laser diodes that are used in products such as mobile phones, instrument panels, billboards, traffic lights, HD DVD players and data storage devices.
The investigation is based on a complaint filed by Gertrude Neumark Rothschild of Hartsdale, NY, on February 20, 2008 - although it has not revealed which patents are in dispute. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain short-wavelength light emitting diodes, laser diodes, and products containing same that infringe a patent owned by Rothschild.
The complainant requests that the ITC issue exclusion orders and cease and desist orders. If upheld, there is a potential for an import ban on all products infringing the patent. Practically every major mobile phone manufacturer has been cited in the complaint.
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
Albert Jacobs, Jr., Esq. and Daniel Ladow, Esq., partners at Dreier LLP in the Intellectual Property Department, are representing Professor Rothschild in her complaint to the ITC. "Dr. Rothschild made a seminal breakthrough in the production of the blue and ultraviolet LEDs that are essential to a wide variety of consumer electronics products today," said Albert Jacobs, a partner at the firm Dreier. "She richly deserves both scientific as well as commercial recognition for her work."
Professor Rothschild, who is the sole owner of the patent, is currently Howe Professor Emeritus of Materials Science and Engineering at Columbia. She conducted research in the 1980s and 1990s into the electrical and optical properties of so-called wide band-gap semiconductors. This research has proven pivotal in the development of short-wavelength emitting (blue and violet) diodes that are now widely used in consumer electronics.
She was issued a U.S. patent in 1993 that covers a method of producing wide band-gap semiconductors for LEDs and LDs in the blue/ultraviolet end of the spectrum. Such LEDs and LDs have become increasingly popular in a variety of devices as a superior lighting source because of their reduced power consumption, greater reliability, longevity and greater storage capacity.
In particular, the portion of her work at issue in the ITC case focuses on using gallium nitride-based semiconductor material in LEDs and laser diodes. Currently, gallium nitride material provides the only efficient commercial blue light emitters. The total market for all types of gallium nitride devices has been forecast at $7.2 billion for 2009.
Professor Rothschild settled issues of infringement of her patents with Nichia, OSRAM , Toyoda Gosei and Koninklijke Philips Electronics.
Posted to the site on 24th March 2008
Posted to: www.cellular-news.com/story/30077.php