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Dominant, Osram each claim victory after ITC ruling

Malaysian LED maker Dominant Semiconductor and its German rival Osram take very different interpretations of a ruling by the US International Trade Commission.

German LED manufacturer Osram Opto Semiconductors and its Malaysian rival Dominant Semiconductors have both claimed victory after a ruling in the US.

In Osram s view, the US International Trade Commission (ITC) decided that Dominant had violated US competition law by infringing Osram s patents.

As a result, Dominant is banned from selling certain LED products into the US, while Osram has also filed an action for patent infringement against Dominant in its native Germany.

But Dominant has taken a different stance, claiming that of the eight patents which Osram claimed to be violated, only three complaints were upheld by the ITC.

"The court clearly established that Dominant used our technology illegally and has taken the necessary action in imposing an import ban," said Rüdiger Müller, President and CEO of Osram Opto Semiconductors. "The decision of the court also highlights Osram's strength in patents. We are a highly innovative company."

The five patents where Dominant says that no infringement was found describe technologies relating to white-light emission. The other three patents, where infringement was identified, concern LED packaging technology, particularly for high-power LEDs in automotive lighting applications.

The ITC initially ruled that Dominant s products infringed the five patents relating to white LEDs, before Dominant pointed out that its white LEDs had been modified since the action was filed. Osram maintains that the modified devices still infringe its patents, but the ITC ruled otherwise.

"This determination supports our stand that Dominant respects intellectual property rights," said a Dominant spokesperson. "We possess our own unique know-how and will continue to develop new technologies."

Dominant maintains that the decision opens the door for it to compete aggressively in the US white LED market."

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