Led field of patent war or will be launched! Recently exposed news, South Korea led Seoul Semiconductor Co., Ltd. (hereinafter referred to as Seoul Semiconductor) since September 2016, to lighting, television and other manufacturers for the target, the global 29 enterprises issued patent infringement warning. These 29 companies, including Skyworth 15 mainland Chinese enterprises, AOT Rong Chong Company (hereinafter called Rong) and other 4 Chinese Taiwan enterprises, as well as Feit and other European and American enterprises.
This news, immediately in the semiconductor industry sparked hot debate. Some experts believe that the Seoul semiconductor for many Chinese led enterprises to bring tort warning, on the one hand, China's semiconductor manufacturing and consumer market development prospects, Seoul Semiconductor hope to pass patent litigation, access to a considerable patent licensing fees; On the other hand, the LED enterprises in China have paid more attention to technology research and patent protection , Seoul Semiconductor intends to curb competitors through patent lawsuits and seize market share.
Behind the patent warning
It is understood that Seoul Semiconductor is a professional semiconductor manufacturing manufacturer in the world, the top five in the global led industry, currently has more than 10,000 patents in the field of semiconductors, its independent research and development of LED, multi-structure chip, DC AC can drive Acrich, UV sterilization and other four innovative technologies, Lead the global development of LED field. Seoul Semiconductor has launched more than 50 patent wars in the United States, Europe, Japan and South Korea since 2003, after winning a patent lawsuit against China's Taiwan glory, and all ended in victory. This time for the world's 29 lighting, television companies to issue patent infringement warning, what is intended?
Led, also known as Light-emitting Diode, is a solid-state semiconductor device that converts electricity directly to light. Semiconductor Lighting Patent Alliance Intellectual Property consultant Sun Bansong, LED is one of the semiconductor technology, belongs to the field of wide bandgap semiconductor branch. LED technology has a wide range of applications, in addition to the well-known public lighting and television technology, but also can be applied to the visible light communications, navigation positioning, modern agriculture, medical sterilization and other fields. LED as the visible light technology, there is no electromagnetic pollution, can provide the community and underground car park, the precise location of the internet of things, through the all-weather simulation of solar spectrum, can effectively promote plant growth, at the same time, in the treatment of vitiligo, remove freckles and other aspects of skin also has a significant effect.
For Seoul Semiconductor's intention to issue a patent litigation warning, huaxing Photoelectric Technology Co., Ltd. Intellectual Property Department Gu Yibo analysis that the proposed patent infringement warning is to achieve enterprise patent operation strategy, access to patent value of a means. Seoul Semiconductor This issue by issuing a tort warning, on the one hand, the hope can limit competitors to enter the LED market, so as to obtain high monopoly interests, on the other hand, would like to coerce the accused party to sign a patent license agreement, the collection of royalties or the purchase of their patented assets. If the final Seoul semiconductor patent infringement lawsuit and win, even with the respondent party can not reach a settlement agreement, also may obtain the Court judgment patent infringement compensation.
Gu Yibo that in recent years the global semiconductor industry has slowed down, only China's semiconductor industry to maintain rapid growth. China is not only the world's largest manufacturing base of electronic products, but also has become the world's major semiconductor consumer market, especially in the cloud computing, artificial intelligence, intelligent driving, and other new technologies gradually rise in the background, the demand for large data processing needs to increase dramatically, will lead to rapid growth of semiconductor consumer demand. Gu Yibo analysis points out that, from the global LED technology development pattern, the United States, Europe, Japan and South Korea technology is more advanced, Chinese enterprises to enter the LED market time is short, the basic patent is relatively weak, lack of overall layout, than the international semiconductor giants still have a certain gap. Seoul Semiconductor This time to the Chinese enterprises to patent infringement warning, it is to seize the Chinese enterprises of this short board, to seek the most economical and efficient strategy to achieve its patent value.
Strategies for responding to lawsuits
It is understood that the Seoul semiconductor for the global 29 led enterprises to issue patent infringement warning, of which 15 are mainland China enterprises, including domestic well-known television manufacturer Skyworth. This newspaper contacted Skyworth related departments, want to interview related matters, but did not get the other reply.
In order to further understand the patent layout of the relevant enterprises in the world, the National Intellectual Property Office patent Review Cooperation Tianjin Center a censor through the winter de-a patent database for patent search. The search found that as of the end of November 2016, in the LED field, Seoul Semiconductor global application volume around 100, the core technology is mainly focused on the implementation of high color rendering technology, fluorescent powder combination technology, multi-chip mount technology, led epitaxial layer growth and chip manufacturing technology, LED bulb technology and ACRICHMJT technology. In this patent infringement warning object, Skyworth in the LED field of the global application volume around 140, the core technology focused on digital display technology, BSV LCD display technology, chip integration technology and other fields. The inspector analysis that, although Skyworth patent application is slightly higher than Seoul Semiconductor, but Seoul semiconductor patent layout carried out earlier, the core technology is relatively mature.
"In my opinion, the Seoul semiconductor for Skyworth and other enterprises filed infringement warning, is intended to promote Skyworth, such as the purchase of their patents, to reach a patent license agreement." Sun Bansong said that the infringement warning does not necessarily trigger litigation, whether to initiate a lawsuit, where the lawsuit also depends on the further development of the situation, but domestic enterprises should also be highly vigilant. If a lawsuit is actually initiated, domestic companies should be prepared to respond positively, for example, to confirm whether their products constitute patent infringement. If there is no infringement, the court may be asked to confirm the non-infringement, and if it constitutes an infringement, Chinese companies may face restricted access to the country's market or be forced to sign a patent license agreement. Therefore, Chinese enterprises should respond positively after receiving the warning letter.
Gu Yibo also suggested that if the Chinese enterprises encounter patent litigation, they should take timely response measures to jointly form the respondent team and confront the risk of patent litigation, so as to reduce the cost of patent litigation, improve the efficiency of patent litigation and promote the right of speech in the negotiation of patent licensing.