On August 1, 2016, ALJ MaryJoan McNamara issued a Notice Regarding Initial Determination on Violation of Section 337 (“ID”) in Certain Light-Emitting Diode Products and Components Thereof (Inv. No. 337-TA-947).

By way of background, this investigation is based on a January 12, 2015 complaint filed by Cree, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain light-emitting diode products and components thereof that infringe one or more claims of U.S. Patent Nos. 6,657,236; 6,885,036; 6,614,056; 7,312,474; 7,976,187; 8,766,298; 8,596,819; and 8,628,214. See our March 19, 2015 post for more details on the Notice of Investigation.

According to the August 1, 2016 ID notice, ALJ McNamara determined:

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 light-emitting diode products and components thereof, by reasons of infringement of certain claims of U.S. Patent No. 7,976,187, U.S. Patent No. 8,766,298, U.S. Patent No. 8,596,819, and U.S. Patent No.8,628,214. Additionally, it is held that a violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), as amended, and the federal common law of unfair competition, together with Section 337 of the Tariff Act 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 light-emitting diode products and components thereof, by reason of the false and misleading advertisement of certain products as bearing the ENERGY STAR® logo when they failed to meet ENERGY STAR® standards and/or requirements.

ALJ McNamara’s notice only released limited information. We will provide additional information after the public version of the ID is issued.