Alto Electronics Responds First 337 Surveys
In response to this allegation, Alto Electronics issued a statement at the first time that Alto Electronics, as an innovative technology listed company, has always attached importance to R&D, innovation and investment, focused on intellectual property protection and management, and actively advocated constructing a favorable market environment for IPR protection. , Conscientiously honor corporate responsibility and social responsibility for respecting the intellectual property rights of others. While fully respecting and not infringing the intellectual property rights of others, the company is also committed to ensuring that independent intellectual property rights are not violated by others through legal means. The company has accumulatively obtained 5 US inventions. Patent and 4 EU invention patents.
As the company's domestic business volume has grown significantly, the proportion of overseas business of the company has decreased, and the company's overseas markets are mainly in other regions. The company's sales to the US market is very small, accounting for less than 2% of company sales revenue in 2017.
In response to the above news, the company attaches great importance to it and is actively conducting related investigations. As of the date of this announcement, the company has not received any formal documents such as a notice of formal complaint. The company will pay close attention to the development of relevant issues in the later period, and will coordinate with relevant national industry associations. Organize, use all necessary legal means to safeguard the company's legitimate rights and interests.
Caused widespread concern in the industry
For this infringement incident, China Optical Opto-Electronics Association believes that the two patents of Ultravision Technologies are mainly waterproof and have no substantive protection effectiveness. The patent has no substantive restrictions on the export of Chinese LED display enterprises to the United States. Injury. Prior to the patent application, there were already products with the characteristics of the patent being sold on the U.S. market. The patent also did not have the core technology of LED display. Whether it constitutes infringement cannot be determined.
In addition, the industry believes that the 337 investigation application may not be officially investigated by the US International Trade Commission. If a formal investigation is conducted, it is believed that Chinese companies will actively respond to the 337 investigation and have the ability to defend their legitimate rights and interests. Will win 337 investigations like Chinese steel companies.
Zhang Hongbiao, an industry veteran in the LED industry, believes that Ultravision Technologies is mainly engaged in LED display. The main complaint is the Chinese LED display companies. Many domestic leading enterprises have patent layouts in this area, and US companies have less layout in this regard. And most of them are looking for Chinese OEM. For this part of the product, US companies should have a better layout and avoidance of patents. Most of the LED displays that China exports to the United States are OEMs. Therefore, if they respond, the odds of winning Considerable. However, considering that the Trump administration is actively doing trade protection, Chinese companies may suffer unfair treatment.
Chinese companies are frequently '337 investigated'
The so-called '337 investigation' was named after the “Section 337 of the United States Tariff Act of 1930” and went through several major amendments. According to this clause, the US International Trade Commission has the power to investigate complaints of infringement of patents and registered trademarks, and may also involve Misappropriation of trade secrets, product packaging infringements, imitations, and false advertising, etc. The '337 investigation' survey covers not only foreign companies but also US companies.
It can be said that the 337 investigation is a method of exclusion of competition in the United States to protect the domestic industry and prevent competition products from entering the U.S. market. From 2007 to March 2015, the United States initiated a total of 362 investigations and 362 investigations, including cases involving China. As many as 152, accounting for 42%.
It is understood that the LED industry will meet once or twice a year. In 2008, 6 LED companies in mainland China were indicted and 4 of them were listed in the '377' survey. In 2012, the number of Chinese LED lighting companies surveyed rose to 13. Most of these enterprises are located in the developed areas such as the Pearl River Delta. Generally, they chose to adopt an attitude of avoidance and indifference. The active responding is rare.
Previously, Xinhua reported that China has been the most surveyed country for 337 consecutive years. In addition, according to data observation and analysis conducted by the Economic Observatory, it was found that the United States initiated the '337 investigation' of China in May and January. June was also the highest number of months of investigation initiation. The proportion of China-originated surveys that accounted for all '337' surveys initiated by the United States also increased significantly, from 29.4% in 2015 to 40.6% in 2016 and 48.1% in 2017. The '337' investigation is increasing the investigation of Chinese products.