ITC launches probe into Samsung’s suit vs China’s BOE over OLED

The US International Trade Commission (ITC) has decided to launch an investigation into a complaint filed by South Korea’s Samsung Display Co. against China’s BOE Technology Group Co. over organic light-emitting diode (OLED) technology.

The US tribunal said in its Nov. 30 statement that it voted to open an investigation of certain OLED display modules and components at issue. The investigation is based on a complaint filed by Samsung Display on Oct. 31 and supplemented on Nov. 13 and Nov. 14.

The ITC said the complaint filed by Samsung alleges a violation of section 337 of the Tariff Act of 1930 in the import into the US and sale of certain OLED display modules and components through misappropriation of the complainant’s trade secrets.

The complainant requests that the ITC issue a limited exclusion order and cease and desist orders, it said.

The ITC identified BOE Technology in Beijing and its affiliates in other areas of China, and BOE Technology America Inc. in Santa Clara, California, as the respondents in its investigation.

The ITC said it will assign the case to one of its administrative law judges (ALJs). The AJL will make an initial determination as to whether there is a violation of section 337. That initial determination is subject to review by the commission before its final ruling.

Within 45 days of the start of the investigation, the ITC will set a target date for completing the probe, it said.

KOREAN TOP COURT HAS FOUND BOE GUILTY

In its Oct. 31 complaint, Samsung Display, a unit of Korea’s top conglomerate Samsung Group, accused BOE Technology of having infringed upon its trade secrets on OLED panel and module technology since 2017 through Toptec, Samsung’s partner in Korea.

In its interpretation of BOE violations, Samsung explained how BOE is involved in a leakage case in which Korea's top court found Toptec guilty of leaking Samsung’s curved-edge panel technology to China.

In March, the Suwon High Court in Korea convicted Toptec employees of leaking Samsung Display’s trade secrets. During the trial, BOE and other Chinese companies were mentioned as Toptec’s Chinese customers. In July, Seoul’s Supreme Court confirmed the high court’s ruling.

Samsung Display competes with BOE for the supply of OLED display panels to global clients such as Apple.

OLED competition is intensifying as a greater number of smartphone makers adopt such panels. OLED is renowned for the self-illuminating pixels that do not require backlighting. This permits the production of the thin, flexible and lightweight display products that appeal to high-end consumers.

ANOTHER SAMSUNG-BOE FIGHT

Separately, Samsung Display in June filed a lawsuit against BOE with the Texas Eastern District Court over OLED technology.

In the complaint, Samsung accused BOE of infringing upon its patented technology for OLED screens used in Apple’s iPhone 12.

The move followed BOE’s lawsuit against Samsung in May, when the Chinese company filed a complaint with a Chinese court claiming that Samsung Display, its Chinese corporation, and Samsung Electronics Co.'s operation in China used BOE technology without permission.

In December 2022, Samsung Display filed a complaint with the US ITC against US parts wholesalers over their use of display parts and panels. BOE was pointed out as the manufacturer in the complaint.

Write to Jeong-Soo Hwang at hjs@hankyung.com
In-Soo Nam edited this article.