Patent Battle Moves Forward For Philips, WAC, Satco

The patent infringement battle between Philips Lighting and five other lighting companies is no closer to a settlement, with both sides now filing motions to move the legal battle forward.

Philips is accusing WAC Lighting, Satco Products, Feit Electric, Lowe’s Companies, and LG Sourcing of using Philips patents “in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain led lighting devices, led power supplies, and components thereof.”  Philips is asking the International Trade Commission to issue a cease and desist order for all of the companies for at least 60 days to investigate the situation.

Philips Lighting reported to the International Trade Commission that it met for a discovery call with WAC Lighting, Satco Products, Feit Electric, Lowe’s Companies, and LG Sourcing on December 27, 2017.  Philips reported to the trade commission that, “Philips certifies that it has made reasonable, good faith efforts to resolve the matters herein at least two business days prior to filing the present motion. On December 27, 2017, Philips met and conferred with Respondents regarding this motion during a scheduled Discovery Committee Conference call. During that meeting, Feit, Satco, and WAC indicated that they would oppose the motion. Lowe’s Companies, Inc. and L G Sourcing, Inc. (“Lowe’s”) indicated that it takes no position. Philips noted that Lowe’s “reserves the right” in its Answer to assert inequitable conduct defenses later in this Investigation, but Lowe’s confirmed that it was not presently asserting a defense of inequitable conduct. Accordingly, Philips has not addressed Lowe’s in this motion.”

WAC Lighting and Satco call the legal action a “repetitive action”  since the case is already being heard in district court.  WAC Lighting goes on to call the filings by Philips, “the latest step in a years-long aggressive campaign by Complainants to force lighting companies such as WAC Lighting to pay onerous and improper royalties for a large portfolio of patents that are likely invalid or not infringed.”  WAC Lighting also fired back at Philips, accusing them of filing these accusations to increase the cost of LED lighting and create a barrier from further acceptance of LED products.

In a filing on December 18, 2018, WAC Lighting asked the International Trade Commission to disallow a confidential settlement between Philips and Topaz Lighting.  WAC writes in its argument, “the redacted terms of the Settlement Agreement are not-privileged but are responsive to certain of Respondents’ discovery requests including the scope of accused products, obviousness, and support for any bond Complainants contend is necessary during the Presidential Review Period.”