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Philips, Defendants Appear No Closer To Patent Agreement

The latest meetings in the Philips Lighting patent infringement case against 5 lighting companies, including three NAED member companies, shows no progress in toward a resolution.

Last month, all sides agreed to meet for two discovery calls.  The results of both calls is all sides appear to be at an “impasse”.

Philips filed a patent infringement case late last year, claiming the companies are using Philips patents “in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain led lighting devices, led power supplies, and components thereof.”  Philips asked the International Trade Commission to place a cease and desist order on the companies for 60 days during the investigation, but that has not happened.

While some of the defendants have settled their cases, NAED-member companies Feit Electric Company, SATCO, and WAC Lighting have not settled.  Lowe’s Companies and LG Sourcing are also still named in the patent infringement suit.

During the two discovery calls between all parties in February, Philips asked for production documents from the overseas companies making LED lighting for the accused companies. Philips is maintaining its position that the overseas company, NXP, is not licensed to use Philips patents in the production of the lights. The responding companies disagree, claiming NXP does have the license based on SEC filings. The official report from the case’s Discovery Committee is all sides “appear to be at an impasse” on this issue.

Lowe’s Companies filed a motion to compel Philips to the production documents about NXP.

During a second call later in February, the Committee again reported an impasse on having the responding companies produce technical documents related to the accused products.

Philips filed a motion to compel the accused parties to provide the documents on March 5, 2018.

WAC and SATCO maintain this case is a “repetitive action” since a similar case is already being heard in a U.S. District Court. Philips dropped its case against RAB Lighting, and has reached an out of court agreement with Topaz Lighting.  Those details have been kept confidential.

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