A Samsung Display booth at the 'IAA Mobility 2023.' / Yonhap
A Samsung Display booth at the 'IAA Mobility 2023.' / Yonhap

The U.S. International Trade Commission ruled in a preliminary decision on Nov. 15 that China’s BOE infringed on Samsung Display’s organic light-emitting diode (OLED) patents.

“BOE infringed on three of Samsung Display’s patents, and US importers and wholesalers infringed on four of Samsung Display’s patents,” the ITC stated in its preliminary ruling. This ruling comes two years after Samsung Display first requested the ITC to block imports of products that allegedly violated patents.

In December 2022, Samsung Display filed a patent infringement case against 17 U.S. importers and wholesalers regarding OLED patents. The investigation initially focused on the wholesalers, but when it was found that the products in question included panels made by BOE, the Chinese manufacturer volunteered to participate in the investigation and formally became a respondent in March last year.

Subsequently, Samsung Display filed a patent infringement lawsuit against BOE, which BOE countered with a patent invalidation lawsuit against Samsung Display.

The ITC will make the final decision in four months, in March next year. Industry insiders believe that Samsung Display has gained a favorable position in the ongoing patent dispute with this preliminary ruling.

“The preliminary decision did not include a ban on imports or sales,” noted an industry insider. “However, the situation leans in favor of Samsung Display. A final victory for Samsung Display could lead to a ban on exports by Chinese display manufacturers to major North American smartphone and tech companies, including Apple.”