Samsung Display gains point in patent infringement case against China’s BOE

[Courtesy of Samsung Display]

Samsung Display Co., the display unit of South Korean conglomerate Samsung Group, reportedly gained an advantage in its patent infringement case against China’s BOE Technology Group Co. filed with the U.S. International Trade Commission (ITC). The tribunal, which had been reviewing the interpretation of the “claims” that define the scope of the patents in question, decided to uphold all of Samsung Display’s interpretations.

According to sources in the display industry on Wednesday, the ITC decided on Tuesday (local time) to uphold all eight interpretations of the claim terms presented by Samsung Display in its five patent infringement cases against BOE.

Claims refer to descriptions that specify the scope of patent rights. In patent infringement litigation, the interpretation of these claims plays a significant role as the parties involved may have different interpretations of key technologies that could impact the judgment of patent infringement.

The ITC held a claim interpretation trial, or Markman hearing, in June and examined the eight technical terms with differing Samsung and BOE interpretations before finding in favor of Samsung Display.

The patent dispute between Samsung Display and BOE began last December. Samsung Display filed a complaint with the ITC, alleging that panels used for smartphone after-sales service (AS) distributed in the United States infringed on Samsung Display‘s Diamond Pixel™ patent, among others.

The ITC launched a patent infringement investigation against 17 parts wholesalers in the United States in January this year, and BOE voluntarily submitted to the investigation a month later.

In June, the Chinese company filed for patent invalidation proceedings, or inter partes review (IPR), with the U.S. Patent and Trademark Office (USPTO) against the five patents filed by Samsung Display, during which time BOE was criticized in Korea and overseas for having the “audacity of a thief.” In response, Samsung Display initiated patent infringement lawsuits in the U.S. District Court for the Eastern District of Texas and Chinese courts. The main trial at the ITC is set to begin on January 22, 2024, with a verdict expected on June 17 of the same year.