Samsung
The patent-infringement lawsuit was filed Dec. 2 in federal court in Wilmington, Delaware, similar to a complaint Samsung filed against Sharp with the U.S. International Trade Commission in Washington. The lawsuit seeks cash compensation for what Samsung contends is infringement of three patents.
Both cases involve patents related to the way LCD screens portray the black and white portion of images, minimizing the effects of static electricity and improving the image quality. The ITC case seeks to ban imports of Sharp televisions and other LCD devices, while the civil suit asks a court to force Sharp to pay damages for past infringement.
“Samsung and Sharp have many patents related to LCD technology so these kinds of lawsuits will continue to occur as long as they make TVs,” said Kim Yoo Jin, an analyst at Taurus Investment & Securities Co. in Seoul. “They could settle, but it may take a long time for that to happen.”
The companies have been fighting for more than two years over LCD technology, and each filed earlier requests to the ITC to ban the others televisions from the U.S. The latest legal fight targets Sharps Aquos HDTVs made in Mexico.
Chris Loncto, a spokesman for Sharp, said the company had no comment on the latest dispute.
Top Spot
Samsung rose 0.5 percent to 763,000 won as of 10:51 a.m. in Seoul trading, while Sharp rose 0.4 percent to 1,074 yen on the Tokyo Stock Exchange.
Samsung retook the top spot in U.S. sales of LCD TVs in the third quarter, with almost 17 percent of the market, according to market researcher iSuppli Corp. of El Segundo, California. Sharp doesnt rank among the top five.
Both companies have joint manufacturing ventures with Sony Corp., which battles Samsung for the title of worlds largest maker of TVs and is ranked fifth by iSuppli in LCD TV sales in the U.S. The ITC complaint doesnt seek to block any Sony products, nor is Tokyo-based Sony a party in either case.
Last month, the ITC said certain LCD TVs and computer monitors made by Samsung that infringe Sharp patents should be banned from the U.S. That decision is being reviewed by President Barack Obama. Suwon, South Korea-based Samsung has said it will be able to work around the Sharp patents to ensure any ban doesnt interfere with its sales.
Infringe Patent
Sharp has continued to sell its televisions overseas, saying it changed its products to avoid using the Samsung invention.
In a filing with the ITC on Dec. 1, Samsung contended the Sharp LCD panels in the altered Aquos and other TVs continue to infringe the patent and asked the commission to find that Sharp is violating the order to stop imports that use the Samsung technology.
Sharps redesigned LCD television models still infringe patents, Samsung said in the filing. The Korean company said Sharp should be forced to pay $100,000 for every day it violates the earlier order.
The civil case is Samsung Electronics Co. v. Sharp Corp., 09cv920, U.S. District Court for the District of Delaware (Wilmington.
The new ITC case is In the Matter of Liquid Crystal Display Devices, Complaint 2698, U.S. International Trade Commission (Washington). The Sharp case against Samsung is In the Matter of Certain Liquid Crystal Display Modules, 337-634, and the earlier Samsung case is In the Matter of Certain Liquid Crystal Display Devices and Products Containing Same, 337-631, both ITC.
To see the patents, click: 5,844,533; 6,888,585; and 7,436,479.