ITC Denies Full Relief Based On EPROMs Factors

In what may be the first decision of its kind since the U.S. Court of Appeals for the Federal Circuit's decision in Kyocera Wireless Corp. v. Int'l Trade Comm'n,¹ U.S. International Trade Commission (ITC) Administrative Law Judge (ALJ) David P. Shaw denied complete relief to the complainant where it could not satisfy the EPROMs factors for the respondent's own downstream goods.² If affirmed or otherwise not reviewed by the Commission, this decision has the potential to significantly alter prevailing assumptions in ITC practice.

In this case, OSRAM sued LG Electronics and affiliated entities over light-emitting diode (LED) technology. OSRAM sought a limited exclusion order (LEO) against LG to prevent importation of LEDs and products containing those LEDs. As most LEDs in the case were imported to the United States as components of other products, an LEO would not be valuable if it did not include the downstream products containing the LEDs.