The U.S. International Trade Comission (ITC) decided that
certain Sharp LCD TVs and and computer monitors should be banned from the U.S. because they infringe a patent owned by Samsung Electronics.
The Commission instituted this investigation on January 25,
2008, based on a complaint filed by Samsung Electronics Co., Ltd.. The complaint, as supplemented, alleges violations in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain liquid crystal display devices. The complaint further alleges the existence of a domestic industry as to each asserted patent.
Samsung won a U.S. International Trade Commission ruling that the Sharp products infringe one of its patents. The agency in Washington said a second patent wasn?t infringed, overturning a judge?s decision on that issue. The ban, posted in a notice today, is subject to presidential review and can be appealed to a court.
"The Commission has determined that the appropriate form of relief is both: 1) a limited exclusion order prohibiting the unlicensed entry of LCD devices, including display panels and modules,and LCD televisions or professional displays containing the same that infringe claims 7 or 8 of the ?344
patent, that are manufactured abroad by or on behalf of, or are imported by or on behalf of, Sharp, or any of its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns; and 2) cease and desist orders prohibiting Sharp Electronics Corp. and Sharp Electronics Manufacturing Co. from conducting any of the following activities in the United States:
importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, LCD devices, including display panels and modules, and LCD televisions or professional displays containing the same that are covered by claims 7 or 8 of the ?344 patent", the Commison wrote in
a document published today
Samsung and Sharp have been fighting in the U.S. and Japan over patented technology for the displays. Earlier this month, a trade judge said Samsung TVs, monitors and professional displays infringe four Sharp patents and recommended Samsung TVs also be banned from the U.S.