The US ITC To Investigate Possible Blu-ray Patent Infringement

By Max Brenn
22:05, March 23rd 2008
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In a statement posted on its website the U.S. International Trade Commission (ITC) announced it has voted to launch an investigation into some 30 companies that are producing devices (handheld mobile devices, instrument panels, billboards, traffic lights, HD DVD players (e.g., Blu-ray disc players), and data storage devices) that are using short-wavelength (e.g., blue, violet) LEDs and laser diodes. 

According to the ITC, the investigation is based on a complaint filed by Gertrude Neumark Rothschild of Hartsdale, NY, on February 20, 2008.

Gertrude Neumark Rothschild is Howe Professor Emerita of Materials Science and Engineering and Professor Emerita of Applied Physics and Mathematics at the Dept of Applied Physics and Applied Math of Columbia University, from where she also received her Ph.D in chemistry in 1949. She was the first woman to hold a named Chair in the Faculty of Engineering and Applied Science at Columbia University.

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.

The US ITC has published the complete list of the 30 companies involved in this issue and names like Sony, Nokia, Samsung, LG, LiteOn, Pioneer and Toshiba were listed.

The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing.

Earlier this month, Gertrude Neumark Rothschild, represented by Sidley Austin LLP, has settled her patent infringement action against Philips Lumileds.

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. The terms of the settlement were not disclosed.



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