Last year Litepanels filed a 337 complaint with the United States International Trade Commission or USITC. The skinny is they are seeking it appears to halt importation of what they see as unfair importing of competitors lights, and light components. 14 respondents were named in Litepanels original suit, alleging violations of section 337 of the Tariff Act of 1930 as amended (19 U.S.C. § 1337) by reason of infringement of certain claims of U.S. Patent Nos. 7,429,117; 7,510,290; 7,318,652; 6,948,823; and 7,972,022.
Now Litepanels and respondents Fuzhou F&V Photographic Equipment Co., Ltd or F&V and Shantou Nanguang Photographic Equipment Co., Ltd or Nanguang successfully filed a joint motion to partially terminate the investigation as to F&V and Nanguang based upon the entry of a consent order featuring Patent Nos. 7,429,117: Camera-mounted dimmable lighting apparatus, 7,510,290: Stand-mounted light panel for natural illumination in film, television or video.
So what does that all mean?
F&V and Nanguang can not challenge the validity of U.S. Patent Nos. 7,972,022: Stand-mounted light panel for natural illumination in film, television or video, 7,318,652: Versatile stand-mounted wide area lighting apparatus, 6,948,823: Wide area lighting apparatus and effects system which form the basis for the complaint in any administrative or judicial proceeding to enforce the consent order.
The signing of this Consent Order Stipulation is for settlement purposes only and does not constitute an admission by Consenting Respondents that an unfair act or any other wrongdoing has been committed.
Consenting Respondents stipulate that it shall not sell for importation, import into the United States or sell in the United States after importation, or aid, abet, encourage, participate in, or induce the sale for importation, the importation into the United States, or the sale in the United States after importation of the LED photographic lighting devices that are the subject of this Investigation or that infringe the asserted claims of ‘O22,‘652, or ‘823 Patents, except as subject to the terms of the Patent License & Settlement Agreement dated June 17, 2012.
F&V and Nanguang must now seek written permission from Litepanels to import into the United States or directly sell for importation into the United States any LED photographic lighting device. If F&V or Nanguang do bring in any LED photographic lighting device subject to written approval by Litepanels they will do so paying license fees and royalties to Litepanels.
If F&V or Nanguang want to bring into the USA any new LED photographic lighting device then they must provide Litepanels with a prototype of each Future Product.
Any agreed Royalty Product may only be imported into the United States through three ports of entry, New York, NY; Los Angeles, CA and Oakland, CA.
If F&V or Nanguang import new LED photographic lighting devices into the United States or sell for importation into the United States then products must be labeled with Litepanels as the trademark holder where appropriate.
This judgment gives some closure to F&V and Nanguang who are just two out of the 14 respondents of the original 337 complaint from Litepanels.
Lightpanels have already successfully defended their lighting patents against Gekko Technology Ltd, Sony Electronics, and Switt Electronics in Markman claim construction hearings and you can expect more decisions to be handed down soon on part or all of their 337 complaint. Keep an eye on any patent decision that involves hotshoe mounted camera lights.
Original Litepanels 337 Complaint:
Document Type: 337 Complaint
Filed By: William D. Belanger
Firm/Org: Pepper Hamilton LLP
Behalf Of: Litepanels, Inc., and Litepanels
Date Received: August 3, 2011
Commodity: Certain LED Photographic Lighting Devices and Components Thereof
Description: Letter to James R. Holbein, Secretary, USITC, requesting that the Commission conduct an investigation under section 337 of the Tariff Act of 1930, as amended regarding Certain LED Photographic Lighting devices and Components Thereof. The proposed respondents are FLOLIGHT, LLC, Campbell, CA; PROMPTER PEOPLE, INC., Campbell, CA; IKAN CORPORATION, Houston, TX; ADVANCED BUSINESS COMPUTER SERVICES, LLC, d/b/a Cool Lights USA, Reno, NV; ELATION LIGHTING, INC, Los Angeles, CA; FOTODIOX INC., Waukegan, IL; FUZHOU F&V PHOTOGRAPHIC EQUIPMENT CO., LTD., China; YUYAO LISHUAI PHOTO-FACILITY CO., LTD., China; YUYAO FOTODIOX PHOTO EQUIPMENT CO., LTD; SHANTOU NANGUANG PHOTOGRAPHIC EQUIPMENT CO., LTD, China; VISIO LIGHT, INC., Taiwan; TIANJIN WUQING HUANYU FILM AND TV EQUIPMENT FACTORY, China; STELLAR LIGHTING SYSTEMS, Los Angeles, CA; and YUYAO LILY COLLECTION CO., LTD., China.
Status: Pending Institution
Seek out Litepanels for more information.