No Clearance from U.S. Customs for Importation of Epistar’s …

Discussions with U.S. Customs have confirmed that the agency has issued no such order, and has neither cleared the Phoenix or Aquarius LEDs for importation nor found that they do not infringe Philips Lumileds '718 patent (U.S. Patent No. 5,008,718).

The ITC's exclusion order prohibits importation of all of Epistar's LED products that infringe Philips Lumileds' '718 patent (U.S. Patent No. 5,008,718), including its OMA I, OMA II, GB I, GB II, MB I, and MB II products, and any other Epistar product, such as the Phoenix and Aquarius LEDs, that may be determined to infringe. The exclusion order further applies to packaged LED products containing the infringing Epistar LEDs and boards consisting primarily of arrays of such packaged LEDs. Companies that use, import, or sell these unlicensed infringing products, even unknowingly, are direct infringers of Philips Lumileds' patent and subject to the exclusion order.

The ITC's determination is presently on appeal to the U.S. Court of Appeals for the Federal Circuit. Last week the Federal Circuit denied Epistar's motion to stay the exclusion order for the duration of the appeals process, finding that Epistar had "failed to meet its burden" to justify such an order. The ITC earlier denied a similar request from Epistar on September 11, 2007.

Philips Lumileds also has a pending action in U.S. District Court for the Northern District of California, in which it is asserting its patent rights against Epistar's products and seeking both damages and an injunction.

www.lumileds.com