Context: In December 2022, Samsung Display sued BOE Technology at the United States International Trade Commission (USITC, or just ITC), alleging it and its five U.S. distributors violated Section 337 by infringing four patents related to active matrix organic light-emitting diode (OLED) display panels and modules for mobile devices. The complainant sought a general exclusion order that would have prevented nearly all third-party OLED replacement smartphone screens from being imported into the U.S. Meanwhile, Samsung Display filed two additional suits – one in the ITC over trade secrets and another patent infringement complaint in the Eastern District of Texas. Following a two-year investigation last November, the Administrative Law Judge (ALJ) found that while BOE had infringed three of the four asserted patents, Samsung Display had failed to satisfy the economic prong of the domestic industry requirement for all the patents. The complainant filed a petition to review the ALJ’s findings.
What’s new: The ITC has confirmed that BOE infringed three patents, and its U.S. distributors infringed all four, but that Samsung Display should not be granted its request for an import ban because it failed to prove that it has significant R&D or economic investment activities in the U.S. with respect to the patents-in-suit.
Direct impact: While its parent company Samsung Electronics has historically remained passive in its patent enforcement strategy, preferring to defend its assets through a countersuit – at most – Samsung Display appears to be more of a proactive patent enforcer. The company’s enforcement campaign against BOE is likely to help defend its mammoth 41% share of the global OLED market – of which BOE has obtained 11.6% (December 18, 2024 UBI Research). This is only a first-instance decision, appealable to the Federal Circuit, and we are likely to see more efforts to protect its large market share – whether through an appeal or additional suits – in the coming future.
Wider ramifications: The ITC’s decision means BOE can continue to provide display panels to U.S. customers such as Apple. Counsel for BOE said last week that excluding non-Samsung Display OLED screens would have reduced consumer choice and driven up prices for U.S. consumers, threatening fair competition and reducing supply and design options for U.S. smartphone manufacturers.
Samsung Display and BOE are two of the world’s top OLED display manufacturers, with Samsung Display controlling 41.4% of the market and BOE owning 11.6%. LG Display is another significant player with 20.5%.
The patents-in-suit included:
- U.S. Patent No. 9,818,803 (“Pixel arrangement structure for organic light emitting display device”)
- U.S. Patent No. 10,854,683 (“Pixel arrangement structure for organic light emitting display device”)
- U.S. Patent No. 7,414,599 (“Organic light emitting device pixel circuit and driving method therefor”)
- U.S. Patent No. 9,330,593 (“Stage circuit and organic light emitting display using the same”)
The ITC issued a summary of its ruling on March 19, 2025. The full decision has not yet been published. Its decision found that Samsung Display failed to prove its technical activities – such as significant investment or employment – in the U.S. demonstrate contribution to the U.S. display industry.
While the ITC conducted its two-year investigation, Samsung Display filed a parallel trade secret lawsuit against BOE and its subsidiaries in the ITC in October 2023, accusing them of stealing technology through collaborations with the South Korean giant’s former and current employees. The ALJ is due to issue a decision on May 1, 2025, while a final ITC decision will then be issued four months later.
The South Korean complainant also filed an additional patent infringement lawsuit against BOE in the Eastern District of Texas in December 2023. That suit is still pending.
In an effort to fight back, BOE and three other manufacturers, Shenzhen China Star Optoelectronics Technology Co., Ltd., Tianma Microelectronics and Visionox, filed an invalidation request against one of Samsung Display’s asserted patents in June 2023.
Counsel
A team at Quinn Emanuel Urquhart & Sullivan represented Samsung Display, including S. Alex Lasher, Kevin Chu, Sean S. Pak, D. James Pak, David A. Nelson, and Marc L. Kaplan.
BOE Technology was represented by a team at Orrick, including Xiang Wang, Bas de Blank, Richard Martinelli, Wesley White, Sten Jensen, Johannes Hsu, David Medina, Tyler Miller, Harrison Geron, Elaine Ke, Angela Colt, and Jordan Fernandes.