What Display Daily thinks: These cases demonstrate the strategic use of Section 337 of the Tariff Act to address potential trade infractions and patent disputes. Tariffs are going to be a big deal in 2025, and it is very unclear what is actually going to happen to US trade relations.
This doesn’t bode well for Chinese companies but does it really bode well for the Japanese or South Koreans? An America first policy isn’t really going to care much what kind of foreign organization you are, just that you are foreign.
There is always a possibility that the US companies using BOE’s panels to repair phones may have a case for disruption of trade and harm to consumers based the right to repair. Litigation is a very long, expensive, and tedious process (at least if you have to follow the proceedings as a layman) and we may be entering a period when the downsides may limit the reach of foreign corporations. Maybe it will just be a loss of favor. Who knows at this point.
BOE and TCL at the ITC
The US International Trade Commission (ITC) is currently pursuing two significant technology-related trade investigations involving complex patent and import disputes across international electronics markets.
Case 337-TA-1351: OLED Display Panels
Samsung has initiated an investigation targeting fifteen companies involved in mobile device display panel importation and sales. The case centers on potential trade rule violations concerning active matrix organic light-emitting diode display panels. A unique aspect of this investigation is Mianyang BOE Optoelectronics Technology’s distinct legal positioning, facing a limited exclusion order but exempted from cease and desist requirements. Mianyang BOE is part of BOE Technology Group’s network of manufacturing plants across China, focusing particularly on flexible AMOLED displays for mobile devices.
The Commission is soliciting public commentary to assess potential impacts on economic conditions, consumer welfare, and product availability. Interested parties have until December 18, 2024, to submit analysis considering public health, competitive landscapes, and potential product replacements.
Case 337-TA-1420: Smart Television Patent Infringement
This investigation involves Maxell, the Japanese technology company, alleging patent violations against multiple TCL corporate entities across six countries. The dispute centers on four specific US patents related to smart television technologies, targeting companies in Hong Kong, China, Vietnam, Mexico, and the United States.
The investigation is structured with a comprehensive timeline, initiated on September 27, 2024, with a targeted completion date of May 27, 2026. The Commission has set January 27, 2026, as the deadline for issuing a final initial determination. Maxwell has already sued LG in a Texas court for nine patents after the companies failed to negotiate a licensing agreement.
