Philips Lighting Files Patent Complaint

Philips Lighting filed a complaint with the International Trade Commission accusing 9 lighting companies, including a number of NAED-member lighting manufacturers, of patent infringement. Philips has filed patent infringement lawsuits in the past, but this is the first time it has filed the complaint with the ITC.

The complaint says in part, “Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain LED Lighting Devices, LED Power Supplies, and Components Thereof. The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Philips Lighting North America Corp. and Philips Lighting Holding B.V. on September 21, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) 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. The complaint names as respondents Feit Electric Company, Inc. of Pico Rivera, CA; Feit Electric Company Inc. (China) of China; Lowe’s Companies, Inc. of Mooresville, NC; L G Sourcing, Inc. of North Wilkesboro, NC; MSi Lighting, Inc. of Boca Raton, FL; RAB Lighting Inc. of Northvale, NJ; Satco Products, Inc. of Brentwood, NY; Topaz Lighting Corp. of Holtsville, NY; Wangs Alliance Corporation d/b/a WAC Lighting Co. of Port Washington, NY; and WAC Lighting (Shanghai) Co. Ltd. of China. The complainant requests that the Commission issue a limited exclusion, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.CC. 1337(j).”

The Commission will receive responses to the complaint in the 8 days following the initial filing, and, according to the filing, “Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.”

The issue that stands out in this complaint is the potential cease and desist orders for as much as 60 days.