Complainant OSRAM AG Loses Summary Determination Motion to Establish Satisfaction of Domestic Industry Requirement at the ITC Because It Could Not Establish Economic Prong
Complainant OSRAM AG ("OSRAM") moved for a summary determination that it had satisfied the economic prong of the domestic industry requirement. Respondent LG Electronics, Inc. and other LG entities (collectively, LG) opposed the motion.
OSRAM moved for summary determination on the ground that it has devoted substantial resources in the United States, including engineering and research of products that incorporate LEDs. As stated by the Administrative Law Judge, "OSRAM contends that it satisfies the economic prong of the domestic industry requirement as set forth in 19 U.S.C. § 1337(a)(3)(C) for U.S. Patent Nos. 7,151,283 ("the '283 patent") and 7,271,425 ("the '425 patent"). OSRAM states that it has devoted substantial resources in the United States, including investments in domestic engineering and research and development ("R&D") of products incorporating LEDs, at its two domestic subsidiaries, OSRAM Opto Semiconductors, Inc. and OSRAM Sylvania Inc. Mem. at 1. OSRAM further states that these investments relate to work on OSRAM LEDs with chip level conversion technology ("OSRAM LEDs with CLC"), which OSRAM asserts are covered by claims of the '283 patent, and OSRAM's Advanced Power TOPLEDs ("OSRAM APT LEDs"), which OSRAM asserts are covered by claims of the '425 patent Id OSRAM summarizes its investments in domestic engineering and R&D from October 2009 through September 2011."