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On February 20, 2008, Gertrude Neumark Rothschild, a retired professor at Columbia University, filed an application with the US International Trade Commission (ITC), accusing the global 30 companies of producing and selling light-emitting diodes (LEDs) and laser products in the United States. The patent (patent number: 5252499) requires ITC to initiate the “337 investigation†on the respondent and apply for a general exclusion order and prohibition order. Four enterprises in Guangdong and Shenzhen are involved in the case. The products involved in the US customs tax number is 85414020 (light-emitting diode), 85414060 (other semiconductor devices outside the light-emitting diode). On March 20, 2008, the US ITC officially opened the case.
According to the statistics of the Ministry of Commerce, China’s exports to the United States in 2007 were about 350 million U.S. dollars, a year-on-year increase of 53.9%, and nearly 100 companies involved in the export of diodes to the United States. The Ministry of Commerce urgently notes relevant enterprises and industry associations, pointing out that this is the fifth "337 investigation" application that Chinese enterprises have encountered this year. If the US ITC finally issued a general exclusion order for China's products, during the validity period of the plaintiff's patent, the LED products produced by any enterprise in China and the downstream products containing LEDs will be completely banned from exporting to the United States. Therefore, the impact of the case on my LED industry and downstream industries is very serious and should be given high priority.
Analysis of patents involved
After learning about the above events, the National Semiconductor Lighting Engineering R&D and Industry Alliance (CSA) paid close attention to the progress of the incident and organized the Alliance Patent Pool Working Group, industry technical experts and patent attorneys to discuss the No. 5252499 involved in the “337 Investigation†case. The patent was analyzed and the main content of the patent was found to be the process and method of fabricating a PN junction semiconductor device by P-type and N-type doping. From a technical point of view, this patent application only targets II-VI semiconductors, but not III-V semiconductor materials such as GaN. This is clearly stated throughout the patent, but the US application for indictment deliberately This claim is circumvented and the other claims attached to the claim are protected. Patent claims require protection of short-wavelength GaN-based LEDs, LD blue-violet and UV-band related products and applications. Designing GaN
P-type doping is affected, while red, orange, yellow LEDs and LDs (laser diodes) are not protected because they do not use GaN materials. Therefore, for the purposes of its patent application, the claims of this patent focus on the II-VI compound semiconductor material system, and currently semiconductor lighting products are mainly concentrated in III-V semiconductor material systems, such as nitrides, especially disputes. The short-wavelength LEDs and LDs mentioned in the paper are concentrated in GaN system materials.
From the purpose of the application, its patents cannot pose a substantial threat to the current manufacturers of compound semiconductor lighting materials. Patent lawyers believe that the dispute in this case is not simply a problem of technology itself, but more of a legal issue in patents. The main problems that need to be resolved are:
1. Whether a patent can claim protection according to one of the patent protection requirements and enlargement.
2. How the court obtains evidence and makes judgments.
3. Will the judgments of the multiple companies of the defendant be the same? Is it different because of the enthusiasm of the respondents? (At present, the technical basis adopted by each family is the same, and the judgment results should be consistent.)
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