On March 19, the U.S. International Trade Commission (USITC) ruled that Chinese company BOE infringed on three OLED technology patents held by Samsung Display Co., Ltd. and four patents infringed by a U.S. distributor. However, the Commission did not issue an import ban because the infringement “did not cause substantial harm to the U.S. industry.” The ruling marks a new phase in the patent battle that has spanned both Chinese and US jurisdictions.

The patent dispute dates back to December 2022, when Samsung Display filed a lawsuit against 17 U.S. parts distributors, alleging that OLED panels imported from China for use in the repair of smartphones infringed five patents, including the “Diamond Pixel” arrangement. The investigation was traced back to BOE, which in February 2023 voluntarily applied to join the ITC investigation.

The litigation between the parties then escalated in both directions:

In April 2023, BOE sued Samsung Display and Samsung Electronics China for patent infringement in a court in Chongqing, China.

In June 2023, BOE, in conjunction with Chinese panel makers such as China Star Optoelectronics (CSOT), Tianma Microelectronics (Tianma), and Visionox, initiated a class action lawsuit before the U.S. Patent Trial and Appeal Board (PTAB) to invalidate the patents at issue.

In the summer of 2023, Samsung Display launched a counterclaim in three courts in the U.S. and China (Texas, Chongqing, and Shanghai), accusing BOE of infringing five of its patents.

Key Ruling Progress:

In November 2023, a USITC administrative law judge initially ruled that BOE and the U.S. distributor infringed three and four patents, respectively.

In December 2023-January 2024, the PTAB denied the Chinese manufacturer's invalidation requests on four patents, with one remaining patent ruling pending.

Of note, Samsung Display also filed a separate case accusing BOE of stealing trade secrets through current/former employees of Samsung's partner company, Toptec. According to the USITC's schedule, a preliminary ruling in the trade secret litigation is expected to be announced later this month.