August 26, 2021
Judge Finds RAB Lighting Violated Two Cree Patents
Initial Determination to be reviewed by the International Trade Commission
In July 2020, Cree Lighting's parent company, Ideal Industries, filed a civil lawsuit in federal court alleging that RAB Lighting was in violation of five Cree Lighting patents. In a recent ruling, U.S. International Trade Commission (ITC) Administrative Law Judge Clark S. Cheney issued a Notice of Initial Determination finding a violation of section 337 for two of the five patents.
As the description implies, the judge's Initial Determination, does not make this a closed case. It does, however, carry weight and influence into the eventual determinations of the International Trade Commission.
For background, about a month after the case was filed, the ITC issued a notice of a Section 337 investigation relating to the matter. Unfair import (a.k.a., Section 337) investigations conducted by the U.S. International Trade Commission most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
Each party had witnesses appear before the judge to provide expert LED lighting technology testimony including:
The two patents that Judge Cheney determined were violated are U.S. Patent No. 9,261,270 "LED Lighting Fixture," and U.S. Patent No. 9,476,570 "Lens with Controlled Backlight Management." Product examples submitted to the court for the '270 and '570 Patents are the RAB EXLED Spotlight and LOTBLASTER Area Light pictured above.
Next Steps: The ITC has issued a notice requesting public submissions on issues raised by the recommended relief should the ITC find a violation. The deadline for all parties to file their petitions for review is September 2, 2021, and the deadline for all parties to file their responses to petitions for review is September 13, 2021.
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