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Cree Wins Patent Infringement Case

DURHAM, N.C.—Cree, Inc. (Nasdaq: CREE) announced today that that it has received a Notice of the Initial Determination in U.S. International Trade Commission (“ITC”) investigation No. 337-TA-947 (“Certain Light-Emitting Diode Products and Components Thereof”) in favor of Cree against respondents Feit Electric Company, Inc. and its Asian supplier, Unity Opto Technology Co., Ltd., on violations of trade laws for both patent infringement and false advertising.

The ITC Judge’s Decision includes the following findings:

A violation of section 337 of the Tariff Act by Feit and Unity due to infringement of:

U.S. Patent No. 8,596,819 (LED Lighting Product Efficiency);

U.S. Patent No. 8,628,214 (LED Lighting Product Efficiency);

U.S. Patent No. 7,976,187 (Omni-directional LED Lighting Product); and

U.S. Patent No. 8,766,298 (LED Component Structure).

A violation due to the false and misleading advertisement by Feit and Unity of certain products as bearing the ENERGY STAR® logo when they failed to meet ENERGY STAR® standards and/or requirements.

The ITC’s Final Determination in the investigation is currently expected by November 29, 2016.

“We are pleased that the Judge’s decision reaffirms Cree’s breakthroughs on more efficient and omni-directional LED lighting products,” said Brad Kohn, Cree General Counsel. “We hope this decision results in an exclusion order and a cease and desist order that would protect both consumers and Cree by preventing the importation of products that improperly use Cree’s patented technology, falsely claim to meet ENERGY STAR® requirements, or both.”

Feit Electric intends to pursue all other remedies as may be available to overturn the initial determination.

“We are fully committed to the quality of our products and to meeting ENERGY STAR certification requirements,” said Aaron Feit, President of Feit Electric. Mr. Feit added: “We do not believe that the Initial Determination as presently issued will have any adverse effect on our company and we are committed to bringing innovative energy saving LED lighting to the market. We believe that Cree’s actions are detrimental to the adoption of energy efficient lighting.”

In July 2015, Feit Electric initiated an action against Cree for infringing two Feit Electric patents. The case is pending in the United States District Court for the Middle District of North Carolina.


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