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The United States International Trade Commission ("ITC") has issued a Notice of Commission Decision stating that all of Epistar's OMA, MB, and GB LED products infringe the patent rights of Philips Lumileds. In addition, the ITC has determined that it will issue a limited exclusion order prohibiting importation of those infringing LEDs manufactured by or on behalf of Epistar, its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities. The exclusion order will also prohibit importation of packaged LEDs containing the infringing LEDs and boards primarily consisting of arrays of such packaged LEDs. Further, the Commission ordered that, during the upcoming period for Presidential review of the Commission's decision, the amount of bond required to permit even temporary importation will be in the amount of 100% of the value of the LEDs or boards that are subject to the exclusion order.
"I am satisfied with the ITC's ruling," said Michael Holt, Philips Lumileds' CEO. "Philips Lumileds will continue to enforce its intellectual property rights, and to lead the world in the development of solid-state lighting technology."
In addition to the ITC investigation, Philips Lumileds also has a pending action in U.S. District Court for the Northern District of California in which Philips Lumileds asserts its patent rights against Epistar's OMA, MB, and GB products, seeking both damages and an injunction.
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