February 18, 2022
Cree vs. RAB Lawsuit Headed to Appeal
ABOVE: Accused RAB products relating to the '531 patent
On Thursday, February 17, Cree Lighting filed an appeal in its IP dispute against RAB
In July 2020, Cree Lighting's parent, Ideal Industries, filed a lawsuit against RAB Lighting asserting patent infringement of five Cree Lighting patents. After many months of intellectual property (IP) litigation and a U.S. International Trade Commission (ITC) review, it was determined that RAB violated two of the five asserted patents.
Cree Lighting seemingly doesn’t fully agree with the ITC’s decisions and is appealing the case asking for the ITC to take another look at two of the three patents that were determined to have no violation by RAB.
Background:
In August 2021, the administrative law judge issued the final initial determination finding a violation of section 337 based on infringement of the ’270 and ’570 patents. The determination cited no violation with respect to the ’531 and ’819 patents. The initial determination also found no violation with respect to the ’449 patent and added some qualifiers to that determination.
’531 patent, titled “Lighting Device and Method of Lighting” issued in 2013
Final Initial Determination: NO VIOLATION
Cree Lighting is appealing this determination
’819 patent, titled “Lighting Device and Method of Lighting,” issued in 2013
Final Initial Determination: NO VIOLATION
Cree Lighting is appealing this determination
’449 patent, titled “Lighting Devices Comprising Solid State Light Emitters,” issued in 2014
Final Initial Determination: NO VIOLATION
’270 patent, titled “LED Lighting Fixture,” issued in 2016
Final Initial Determination: VIOLATION
’570 patent, titled “Lens with Controlled Backlight Management,” issued in 2016
Final Initial Determination: VIOLATION
In December 2021, the ITC affirmed a final initial determination finding a violation by RAB. The ITC also issued a cease & desist order prohibiting RAB from importing, selling or marketing the infringing '270 and '570 LED products in the United States.
Next steps: The appellate process begins with a narrower focus on the ‘531 and ‘819 patents
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