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Administrative Law Judge Recommends Order Excluding Epistar's Infringing LEDs and Downstream Products.


SAN JOSE San Jose, city, United States
San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850.
, Calif. -- On January 11, Administrative Law Judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies.  Harris of the International Trade Commission ("ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium

ITC n abbr (BRIT) (= Independent Television Commission) →
") recommended that Epistar's infringing LED chips, along with certain products incorporating those infringing chips, should be the subject of a limited exclusion order. If the ITC adopts Judge Harris' recommendation, Epistar and others will be prevented from importing those infringing LED chips, packaged LEDs, and boards containing the packaged LEDs, into the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. .

Philips Lumileds intends to ask the Commission to exclude additional downstream products, such as traffic signals and automotive brake light assemblies that include the infringing LEDs. The Judge also recommended that Epistar be required to post a bond based on the value of its infringing LEDs for any importation that may occur during the 60-day Presidential review period following the issuance of the Commission's decision. This recommendation follows from Judge Harris' January 8 Initial Determination that Philips Lumileds asserted patents are valid, enforceable, are not licensed by Epistar, and that Epistar's metal bond ("MB") and MB II products infringe Philips Lumileds' U.S. Patent No. 5,008,718 ("the 718 Patent"). This Initial Determination found infringement of all commercially available versions of Epistar's MB LEDs of which Philips Lumileds is aware.

Philips Lumileds expects that the ITC will adopt Judge Harris' recommendation to exclude Epistar's MB LEDs and remains confident that the ITC will also exclude Epistar's OMA (1) See Object Management Architecture.

(2) (Open Mobile Alliance Ltd., La Jolla, CA, www.openmobilealliance.org) An organization formed in June of 2002 by the consolidation of the WAP Forum group and the Open Mobile Architecture Initiative.
 and GB LEDs. In his Initial Determination, Judge Harris found that Epistar's OMA, OMA II, GB, and GB II LEDs include the current-spreading "transparent window layer" that laterally spreads the current away from the metal contact and that this is the "critical feature of the claimed invention" of the 718 Patent. Based primarily on an unduly restrictive interpretation of a single word of one claim of the patent, the Judge did not find infringement of the 718 patent by the OMA and GB products. Thus, Lumileds intends to petition the Commission to adopt an interpretation consistent with the broad scope of the invention of the 718 Patent that covers not only Epistar's MB, but also the OMA and GB LEDs. Philips Lumileds similarly intends to petition the Commission to adopt a broader interpretation of the claims of its wafer bonding patents (US Patent Nos. 5,376,580 and 5,502,316) that cover Epistar's OMA, MB and GB products. Based on these petitions, Philips Lumileds is seeking an exclusion order against Epistar's MB, OMA and GB LEDs as well as downstream products including these LEDs. The Commission is expected to complete the investigation on or before May 8, 2007.

About Philips Lumileds Lighting Company Philips Lumileds Lighting Company is the manufacturer of Luxeon, a high-power light-emitting diode (LED). It is a division of Philips. History

Lumileds Lighting was formed in November 1999 as a joint venture between Philips Lighting and Agilent Technologies.
 

Philips Lumileds Lighting Company is the world's leading high-volume manufacturer of power LEDs and a pioneer in the use of solid-state lighting Solid state lighting (SSL) refers to a type of lighting that utilizes light-emitting diodes (LEDs), organic light-emitting diodes (OLED), or polymer light-emitting diodes (PLED) as sources of illumination rather than electrical filaments or gas.  solutions for everyday purposes including automotive lighting, camera flash, LCD displays, portable lighting and general lighting. The company's patented LUXEON([R]) Power Light Sources are the first to combine the brightness of conventional lighting with the small footprint, long life and other advantages of LEDs. Philips Lumileds also supplies core LED material and LED packaging, and manufactures billions of LEDs annually. The company is headquartered in San Jose, California San Jose (IPA: /ˌsænhoʊˈzeɪ/) is the third-largest city in California, and the tenth-largest in the United States. It is the county seat of Santa Clara County. , with operations and sales offices throughout the world. For more information, contact Philips Lumileds Lighting Company at 408-964-2900 or visit www.philipslumileds.com.

About Royal Philips Electronics

Royal Philips Electronics of the Netherlands (NYSE NYSE

See: New York Stock Exchange
:PHG)(AEX AEX

See: Amsterdam Exchange
:PHI) is a global leader in healthcare, lifestyle and technology, delivering products, services and solutions through the brand promise of "sense and simplicity". Headquartered in the Netherlands, Philips employs approximately 126,000 employees in more than 60 countries worldwide. With sales of EUR EUR

In currencies, this is the abbreviation for the Euro.

Notes:
The currency market, also known as the Foreign Exchange market, is the largest financial market in the world, with a daily average volume of over US $1 trillion.
 30.4 billion in 2005, the company is a market leader in medical diagnostic imaging and patient monitoring systems, energy efficient lighting solutions, personal care and home appliances, as well as consumer electronics. News from Philips is located at www.philips.com/newscenter.
COPYRIGHT 2007 Business Wire
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Copyright 2007, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Comment:Administrative Law Judge Recommends Order Excluding Epistar's Infringing LEDs and Downstream Products.
Publication:Business Wire
Geographic Code:1CANA
Date:Jan 22, 2007
Words:645
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