ITC denies Epistar's motion in patent dispute with Lumileds
*** Company press release ***
The United States International Trade Commission (ITC) has denied Epistars motion to stay the ITCs Exclusion Order barring importation of Epistars OMA, MB and GB LEDs.
After the ITC ruled that Epistars current AlInGaP LEDs infringe Philips Lumileds patent rights and issued an exclusion order banning importation of those LEDs, Epistar filed motions before both the ITC and the US Court of Appeals for the Federal Circuit to stay enforcement of the exclusion order. The ITC has denied Epistars motion.
In its Opinion, the ITC ruled that Epistar has not made a showing of likelihood of success on the merits of its appeal of the decision to issue an exclusion order. In making this ruling, the ITC admonished Epistar for relying on quotes from the [Administrative Law Judge] ALJ that are presented out of order and without context in an attempt to convey a meaning that is in contrast with that actually expressed by the ALJ, who made the initial determination in the investigation.
The ITC also noted Epistars tardy arguments made in circumvention of the Commissions rules. The Commission opinion concluded that we properly considered and ruled on all issues raised by Epistar in its stay motion, and a substantial factual record, along with Federal Circuit precedent, supports our Determinations.
This ruling should clear the way for the Federal Circuit to deny Epistars other motion to stay, leading to enforcement of the Exclusion Order barring importation of the infringing products.
The United States International Trade Commission (ITC) has denied Epistars motion to stay the ITCs Exclusion Order barring importation of Epistars OMA, MB and GB LEDs.
After the ITC ruled that Epistars current AlInGaP LEDs infringe Philips Lumileds patent rights and issued an exclusion order banning importation of those LEDs, Epistar filed motions before both the ITC and the US Court of Appeals for the Federal Circuit to stay enforcement of the exclusion order. The ITC has denied Epistars motion.
In its Opinion, the ITC ruled that Epistar has not made a showing of likelihood of success on the merits of its appeal of the decision to issue an exclusion order. In making this ruling, the ITC admonished Epistar for relying on quotes from the [Administrative Law Judge] ALJ that are presented out of order and without context in an attempt to convey a meaning that is in contrast with that actually expressed by the ALJ, who made the initial determination in the investigation.
The ITC also noted Epistars tardy arguments made in circumvention of the Commissions rules. The Commission opinion concluded that we properly considered and ruled on all issues raised by Epistar in its stay motion, and a substantial factual record, along with Federal Circuit precedent, supports our Determinations.
This ruling should clear the way for the Federal Circuit to deny Epistars other motion to stay, leading to enforcement of the Exclusion Order barring importation of the infringing products.