Administrative Law Judge (ALJ) Sydney Harris' recommendation last month for the exclusion of Epistar's metal bond (MB) products will stand, according to a new ruling issued by the ITC (see Lumileds hopes for exclusion of infringing Epistar LEDs (Jan 2007)).
In addition, the ITC will review the Initial Determination to ascertain if the exclusion should also encompass Epistar’s OMA and GB products.
Specifically, the ITC has adopted ALJ Harris’ rulings that Philips Lumileds’ US patent no. 5,008,718 (718 patent); patent no. 5,376,580; and patent no. 5,502,316 are valid and enforceable, and that Epistar’s MB I and MB II products infringe the 718 patent.
The ITC will review whether the ALJ correctly interpreted certain terms in the patents and whether Epistar’s OMA I, OMA II, GB I and GB II LEDs also infringe certain claims of the 718 patent. This represents a favorable response to Philips Lumileds’ petition; the company is seeking exclusion of these LEDs and products using these LEDs as well.
The Commission is expected to issue its final determination on or before May 8, 2007.
