FR 2021-02135

Overview

Title

Certain Active Matrix OLED Display Devices and Components Thereof; Institution of Investigation

Agencies

ELI5 AI

In a story, a company from Ireland says other companies are using their special TV screens without asking, and they told a group in the U.S. to look into it. The group will check if it's true and might tell those companies to stop selling those screens in the U.S. if they find out they didn't play fair.

Summary AI

The U.S. International Trade Commission (ITC) has received a complaint from Solas OLED Ltd., an Irish company, accusing several companies, including BOE Technology and Samsung, of violating section 337 of the Tariff Act of 1930. The alleged violations involve importing and selling OLED display devices and components that infringe on Solas OLED's patents in the United States. The ITC is initiating an investigation and may issue orders to stop the sale and import of the offending products if the allegations are proven. The implicated companies are required to respond to the complaint and the investigation notice within 20 days of being served.

Abstract

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 28, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Solas OLED Ltd. of Ireland. An amended complaint was filed on January 5, 2021, and a supplement to the amended complaint was filed on January 13, 2021. The complaint, as amended and supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain active matrix OLED display devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,573,068 ("the '068 patent") and U.S. Patent No. 7,868,880 ("the '880 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Type: Notice
Citation: 86 FR 7878
Document #: 2021-02135
Date:
Volume: 86
Pages: 7878-7879

AnalysisAI

The document in question is an official notice from the U.S. International Trade Commission (ITC), informing the public about a complaint filed by Solas OLED Ltd., an Irish company, on December 28, 2020. It claims that several entities, including prominent companies like BOE Technology and Samsung, have infringed on their patents concerning OLED display technology. This alleged infringement manifests through the importation and sale of the disputed technology within the United States, contrary to section 337 of the Tariff Act of 1930.

General Summary

The complaint outlines that the U.S. patents in question—holding specific numbers 7,573,068 and 7,868,880—are being violated. The ITC is now commencing an investigation to determine the legitimacy of these claims. Should the ITC find substantial evidence supporting Solas OLED Ltd.'s complaint, it may issue a limited exclusion order and cease and desist orders to halt the activities related to the infringement.

Significant Issues or Concerns

This notice serves a dual purpose: it informs stakeholders of the initiation of the investigation and outlines a strict procedural framework for the involved parties. However, the document, steeped in legal jargon, might be challenging for individuals unacquainted with legal and technical language to comprehend fully.

The document refers to specific legal statutes and procedural requirements, such as section 337 of the Tariff Act and 19 CFR 210.10, without explaining them in layman's terms. This could potentially cause confusion among readers who are not familiar with these regulations.

Another potential issue is the lack of clarity regarding what constitutes "good cause" for extending the 20-day period allocated for the named respondents to respond to allegations. This ambiguity could result in procedural misunderstandings or disputes.

Public Impact

For the general public, this document underscores the processes in place to protect intellectual property rights within the United States. It demonstrates the ITC's role in preventing unfair competition arising from infringing imports, aiming to protect domestic industries and intellectual property holders.

Moreover, the document highlights the complexities of global trade, particularly with regards to technology and patent use, which may ultimately impact consumer access to advanced technological products.

Stakeholder Impact

For Solas OLED Ltd., the investigation and potential enforcement actions could lead to reinforced market position and protection of its patents within the U.S., offering a significant competitive advantage. Positive outcomes for the complainant could set a legal precedent that may influence similar future cases.

For the accused companies, such as BOE Technology and Samsung, the stakes are equally high. An adverse finding could result in significant financial and operational implications, including the prohibition of importing and selling specific products within a major market like the United States.

Overall, while ensuring compliance with established intellectual property laws, the document simultaneously underscores the critical nature of adhering to precise procedural standards and timelines in legal disputes of this magnitude. Such outcomes can heavily influence market dynamics and business strategies globally.

Issues

  • • The document does not mention any specific spending, so there is no indication of potentially wasteful spending or favoritism towards specific organizations or individuals.

  • • The document uses legal and technical language that may be complex for a general audience, potentially making it difficult to understand for individuals not familiar with legal proceedings or technical patent issues.

  • • The document contains references to specific legal statutes and regulations (e.g., section 337 of the Tariff Act of 1930 and 19 CFR 210.10) without providing a clear explanation of what they entail, which might be unclear for readers without a legal background.

  • • The instructions to the respondents regarding the requirement to respond within 20 days are specified, but there is no explanation of what constitutes 'good cause' for an extension, which may lead to ambiguity.

  • • There is a lack of elaboration on how the investigation by the U.S. International Trade Commission will be conducted, which could be a concern for stakeholders looking for transparency in the investigation process.

Statistics

Size

Pages: 2
Words: 1,216
Sentences: 26
Entities: 134

Language

Nouns: 391
Verbs: 85
Adjectives: 29
Adverbs: 10
Numbers: 91

Complexity

Average Token Length:
4.59
Average Sentence Length:
46.77
Token Entropy:
5.15
Readability (ARI):
27.04

Reading Time

about 5 minutes