BOE faces import ban threat as Samsung wins ITC patent case

Samsung scored a major victory over BOE in the ITC patent dispute in the preliminary decision. The US International Trade Commission ruled that BOE infringed on Samsung Display’s patents.

The company is now seeking a ban on the import and sale of patent-infringing products in the US. In the preliminary ruling, ITC declined Samsung’s request seeking a sell and import ban.

However, Samsung Display has gained a favorable position with this preliminary ruling in the patent dispute. The final decision will be made in four months, in March of next year.

“BOE infringed on three of Samsung Display’s patents, and US importers and wholesalers infringed on four of Samsung Display’s patents.” – ITC preliminary ruling says

Back in December 2022, Samsung Display filed a patent infringement case against 17 US importers and wholesalers regarding OLED patents, with BOE included in this case in March 2023.

A patent industry official said, “Because the ITC also considers the impact on US industries and markets, even if it determines that there has been patent infringement, a ban on import and sale may not be issued.”

Since infringement has been recognized for all of the US International Trade Commission’s disputed patents, Samsung Display will have a favorable position in future disputes.

Samsung Display’s recognition of BOE’s patent infringement in the ITC patent dispute preliminary ruling can work to its advantage in other disputes it is waging against BOE in the United States.

Since the five disputed patents in the Eastern District of Texas federal court patent infringement lawsuit are the same, this ITC preliminary ruling is bound to have an impact.