Breaking! US Wields 337 Investigation Sword Again, Dozens of MLED Manufacturers Caught

On November 24, the U.S. International Trade Commission (ITC) voted to launch a 337 investigation into certain liquid crystal devices, components thereof, and products containing same (Certain Liquid Crystal Devices, Components Thereof, and Products Containing Same) (Investigation No.: 337-TA-1462).

The investigation list is堪称 'luxurious', nearly sweeping away half of China's display industry: HKC (HKC), Hisense, TCL, and other leading enterprises' multiple domestic and overseas affiliated companies were listed as defendants. Notably, international brands such as South Korea's LG Electronics and the U.S. Westinghouse (Westinghouse Electric) were also dragged into this, showing the broad scope and significant impact of this investigation.

Specific list:

HKC Corporation Ltd. of China, Chongqing HKC Optoelectronics Technology Co., Ltd. of China, HKC Overseas Ltd. of Hong Kong, HiSense Co., Ltd. of China, HiSense International Co., Ltd. of China, HiSense Visual Technology Co. Ltd. of China, HiSense US Corporation of Suwanee, GA, VIZIO Holding Corp. of Irvine, CA, TCL Electronics Holdings Ltd. of Hong Kong, Shenzhen TCL New Technology Co. Ltd. of China, TCL King Electrical Appliances Co. Ltd. of China, TTE Technology Inc. of Irvine, CA, TCL Technology Group Corp. of China, TCL Moka International Ltd. of Hong Kong, TCL Overseas Marketing Ltd. of Hong Kong, TCL Industries Holdings Co., Ltd. of China, TCL Smart Device (Vietnam) Co. Ltd. of Vietnam, LG Electronics, Inc. of South Korea, LG Electronics USA, Inc. of Englewood Cliffs, NJ, and Westinghouse Electric Corporation of Canonsburg, PA are listed as defendants.

The instigator of this storm is not the well-known industry competitors, but three companies whose main business is patent operations: the US intellectual property management company BH Innovations LLC, the Irish company Longitude Licensing Limited of Ireland, and 138 East LCD Advancements Ltd. These three companies filed a petition, claiming that products exported to the US, imported into the US, and sold in the US infringe on US registered patent numbers 7,705,948 and 7,570,334, requesting the US ITC to issue a "limited exclusion order" and a "cease and desist order".

This means that once infringement is found, the harshest "limited exclusion order" will directly prohibit the involved products from entering the US market; products already imported may also be stopped from sales by a "cease and desist order".

The number of enterprises listed as defendants in this case is large and widely distributed, covering multiple countries and regions including China, the United States, Vietnam, and South Korea.

From the perspective of the involved entities, the Chinese enterprises listed as defendants in this case almost cover the core links of the display industry supply chain: HKC is a panel and terminal equipment manufacturer, while Hisense and TCL are top brands in the global TV market (together accounting for over 50% of North American TV shipments). The involvement of these enterprises also means that the impact of this investigation far exceeds the level of a single enterprise: if the exclusion order takes effect, it will not only impact the North American market share of Chinese brands but may also affect the supply chain stability of the domestic display industry.

同样的剧本在2018年曾上演。当时，美国Ultravision公司对中国LED显示行业发起“337调查”，企图将中国产品挡在门外。如果当时应诉失败，中国LED企业每年将背负数以亿计的天价专利费，整个行业的发展将被扼住咽喉。然而，以艾比森为代表的中国企业没有退缩，经过近5年的马拉松式艰苦应诉，最终赢得胜诉！这场里程碑式的胜利，不仅为中国LED显示屏畅行全球扫清了障碍，也为今天面临同样困境的显示企业提供了宝贵的经验。

眼下，新一轮的“显示战争”已经打响。前路必然布满荆棘，但LED行业的胜利已经证明，面对不公的贸易壁垒，唯有积极抗争、聘请专业法律团队以及坚持到底，才能守住阵地。同时，这也提醒国内企业，要保护好自己的技术和专利，不要让“专利流氓”再钻空子。