US Administrative Law Judge (ALJ) Theodore R. Essex issued an initial determination finding in favour of Litepanels in that on going case involving patents for LED photographic lighting devices and components. The real surprise from ALJ Theodore R. Essex was the recommendation of a general exclusion order which would stop the importation into America of all devices that infringe upon 7,972,022; 7,318,652; and 6,948,823 Litepanels patents.
So what does the preliminary recommendation mean?
The recommended general exclusion order suggests stopping the importation of all LED photographic lighting devices and components that breach Litepanels patents instead of just LED lighting devices and components manufactured by the respondents.
ALJ Theodore R. Essex Preliminary Recommendation:
The ALJ issuedissued an initial determination on violation of Section 337 and recommended determination on remedy and bond in the investigation.
It is held that a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain LED photographic lighting devices and components thereof that infringe one or of claims 1 and 57-60 of U.S. Patent No. 7,972,022; claims 1, 2, 5, 16-19, 25 and 27 of U.S. Patent No. 7,318,652; and claim 19 of U.S. Patent N0. 6,948, 823. It is held that no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain LED photographic lighting devices and components thereof that infringe claims 17 and 28 of U.S. Patent No. 6,948,823.
14 respondents have been named in the original Litepanels 337 Complaint:
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; China;
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;
YUYAO LILY COLLECTION CO., LTD., China.
Several respondents have already settled and or signed consent orders which we covered HERE. Have a read of that post and see what conditions are now in place for some LED photographic lighting devices and component importers into the USA.
The final ruling from the Litepanels 337 Complaint LED Patent Case is expected to be in January 2013.
Seek out Litepanels for more information.