USITC to investigate Samsung’s infringement claims against BOE

The emergence of China as the leading supplier of displays viewed by SDC as an existential threat to causing them to protect their position as the leader in OLED displays. First, they invested in the most capacity, second, they entered into deal to build dedicated fabs for Apple and third, they continued to invest in new technology to remain years ahead of the competition. But over time, the Chinese, and especially BOE started to catch up and SDC has begun to employ the tactic of claiming that BOE was infringing on its IP. After receiving a claim from Samsung, the U.S. International Trade Commission (USITC) voted to institute an investigation of certain organic light-emitting diode display modules and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Samsung Display Company, Ltd., of Yongin-si, Gyeonggi-do, South Korea, on October 31, 2023, and supplemented on October 31, 2023 (twice), November 13, 2023, and November 14, 2023. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain organic light-emitting diode display modules and components thereof by misappropriation of complainant’s trade secrets. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. The USITC has identified the following respondents in this investigation:

• BOE Technology Group Co., Ltd., of Beijing, China.
• Mianyang BOE Optoelectronics Technology Co., Ltd., of Sichuan, China.
• Ordos Yuansheng Optoelectronics Co., Ltd., of Inner Mongolia Autonomous Region, China
• Chengdu BOE Optoelectronics Technology Co., Ltd., of Sichuan, China.
• Chongqing BOE Optoelectronics Technology Co., Ltd., of Chongqing, China.
• Wuhan BOE Optoelectronics Technology Co., Ltd., of Wuhan, Hubei, China.
• BMOT f/k/a Kunming BOE Display Technology of Da Ban Qiao subdistrict office of Yunnan Dianzhong New Area, China; and
• BOE Technology America, Inc., of Santa Clara, CA.

By instituting this investigation (337-TA-1378), the USITC has not made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

CT Bureau