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Cree Receives Favourable decision on patent dispute

US International Trade Commission initial findings rule against Feit Electric Company and Unity Opto

US LED maker Cree has received a Notice of the Initial Determination in US International Trade Commission (ITC) investigation No. 337-TA-947 (Certain Light-Emitting Diode Products and Components Thereof) in favour of Cree against respondents Feit Electric Company and its Asian supplier, Unity Opto Technology Co on violations of trade laws for both patent infringement and false advertising.

The ITC Judge's decision includes a number of findings. One was a violation of section 337 of the Tariff Act by Feit and Unity due to infringement of four US patent. These are: no. 8,596,819 (LED Lighting Product Efficiency); 8,628,214 (LED Lighting Product Efficiency);7,976,187 (Omni-directional LED Lighting Product); and 8,766,298 (LED Component Structure).

Another finding was the violation due to the false and misleading advertisement by Feit and Unity of certain products as bearing the Energy Star logo when they failed to meet Energy Star standards and/or requirements.

The ITC's Final Determination in the investigation is currently expected by November 29, 2016.

"We are pleased that the Judge's decision reaffirms Cree's breakthroughs on more efficient and omni-directional LED lighting products," said Brad Kohn, Cree general counsel. "We hope this decision results in an exclusion order and a cease and desist order that would protect both consumers and Cree by preventing the importation of products that improperly use Cree's patented technology, falsely claim to meet Energy Star requirements, or both."

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