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On December 21, 2021, ALJ Clark S. Cheney issued the public version (Part I, Part II, Part III) of his November 19, 2021 final initial determination (“ID”) finding no violation of section 337 in Certain Filament Light-Emitting Diodes and Products Containing Same (II) (Inv. No. 337-TA-1220).

By way of background, this investigation is based on an August 31, 2020 complaint by The Regents of the University of California alleging violations of section 337 by Respondents General Electric Company, Consumer Lighting (U.S.) LLC, d/b/a GE Lighting; Savant Systems, Inc. (“Savant”); Home Depot Product Authority, LLC; Home Depot U.S.A., Inc.; The Home Depot, Inc.; Feit Electric Company, Inc.; Satco Products, Inc.; IKEA Supply AG; IKEA U.S. Retail LLC; and IKEA of Sweden AB based on the importation/sale of certain light-emitting diodes and products containing the same that infringe U.S. Patent No. 9,240,529 (“the ’529 patent”); U.S. Patent No. 9,859,464 (“the ’464 patent”); U.S. Patent No. 10,593,854 (“the ’854 patent”); and U.S. Patent No. 10,658,557 (“the ’557 patent”). The asserted patents generally disclose placing a transparent LED chip on a transparent plate or surface that has been optimized for light extraction. The accused products are light bulbs containing filament LEDs with ceramic submounts, and filament LEDs with flexible (polyamide) surfaces. Savant was terminated from the investigation for good cause on August 27, 2021. An evidentiary hearing was held from August 30 to September 3, 2021.

According to the ID, ALJ Cheney found no violation of section 337 based on the following conclusions of law:

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