Litigation
Untitled case
Case filed337-TA-3795
Patents at issue (1)
Summary
A case concerning patent 8627684 was filed at the International Trade Commission under investigation number 337-TA-3795.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
This case, 337-TA-3795, is an investigation before the International Trade Commission (ITC) concerning certain glass substrates for Liquid Crystal Displays (LCDs), products containing them, and methods for manufacturing them. The complainant is Corning Incorporated, a major American technology company known for its specialty glass, ceramics, and related materials, including Gorilla Glass. The respondents include a group of largely Chinese display glass and panel manufacturers and TV set makers, specifically Caihong Display Devices Co., Ltd. (d/b/a Irico Display Devices Co., Ltd.), HKC Corporation Ltd., HKC Overseas Ltd., Hisense USA Corporation, LG Electronics U.S.A., Inc., TCL China Star Optoelectronics Technology Co., Ltd., TTE Technology, Inc., VIZIO, Inc., and Xianyang CaiHong Optoelectronics Technology Co., Ltd. These respondents are accused of manufacturing and importing LCD glass substrates that infringe Corning's patents.
The primary patent at issue in this investigation, as specified, is U.S. Patent No. 8,627,684, titled "Pull roll apparatus and method for controlling glass sheet tension." This patent generally relates to an apparatus and method designed to control the cross-draw tension and down-draw tension of a glass sheet during its manufacturing process, particularly in the context of producing thin glass sheets for applications like flat panel displays using processes such as the fusion process. The accused products are the imported LCD glass substrates and downstream products (like TVs, monitors, notebook and laptop computers, and tablets) containing these allegedly infringing substrates.
The procedural posture involves a Section 337 investigation before the U.S. International Trade Commission. This venue is notable because ITC investigations are expedited compared to district court litigation, often concluding within 15-18 months. The ITC focuses on unfair trade practices, primarily patent infringement by imported goods, and can issue powerful remedies such as exclusion orders that block infringing products from entering the U.S. and cease-and-desist orders against domestic inventory. The investigation is presided over by an Administrative Law Judge (ALJ), who conducts the trial phase and issues an initial determination, which is then subject to review by the full Commission. The Office of Unfair Import Investigations (OUII) may also participate to represent the public interest.
This case is notable due to Corning's position as a significant player in the display glass industry and the involvement of numerous major Chinese display and electronics manufacturers. It highlights the ongoing intellectual property disputes and geopolitical tensions within the global display industry, particularly regarding key upstream materials like glass substrates. The case's outcome could significantly impact the supply chain for LCD panels and devices in the U.S. market. Furthermore, there has been a related development in a similar investigation, 337-TA-1441, also involving Corning and Caihong, where an initial determination found that Caihong's newer "616" formula glass substrate does not infringe, while a discontinued "615" formula product was found infringing, indicating the complexity and specific nature of these patent disputes. While patent 8627684 is specifically named in the user request, other patents (e.g., 7851394, 9512025) have been asserted by Corning in related ITC filings concerning LCD glass substrate manufacturing. An inter partes review (IPR) for patent 8627684 was filed on July 29, 2025 (IPR2025-01137) by Caihong Display Devices Co., Ltd., indicating parallel challenges to the patent's validity at the PTAB.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Key Legal Developments and Outcome for ITC Investigation No. 337-TA-1433
The patent infringement litigation concerning U.S. Patent No. 8,627,684 is currently active at the U.S. International Trade Commission (ITC) under investigation number 337-TA-1433, titled "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same." While the initial prompt identified the case number as 337-TA-3795, authoritative sources refer to the current investigation involving patent 8,627,684 as 337-TA-1433, with 3795 appearing to be a docket or internal ID number in some contexts. Corning Incorporated is the complainant in this investigation.
Filing & Initial Pleadings
The complaint that led to ITC Investigation No. 337-TA-1433 was filed on December 17, 2024. The U.S. International Trade Commission issued a notice of institution for this investigation on January 24, 2025. The complaint alleges violations of Section 337 of the Tariff Act of 1930 based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain glass substrates for liquid crystal displays and related products, due to infringement of certain claims of U.S. Patent No. 8,627,684, among others. The respondents in the investigation include various Chinese display glass, panel, and TV set makers, such as Caihong and HKC.
Pre-trial Motions of Substance
As of the current date, the investigation is pending before an Administrative Law Judge (ALJ).
Claim Construction (Markman) Outcomes
A Markman hearing for this investigation is scheduled to begin on September 4, 2025.
Discovery Milestones with Strategic Significance
The procedural schedule indicates that an evidentiary hearing is set to take place from February 11, 2026, to February 19, 2026.
Trial Events, Verdict, and Post-Trial Motions
No trial events or verdicts have occurred yet, as the evidentiary hearing is scheduled for February 2026.
Settlement, Dismissal, Judgment, or Appeal
The investigation is ongoing, with a target date for completion set for October 12, 2026. Separately, a related investigation, 337-TA-1441, also initiated by Corning against Caihong Display Devices Co., Ltd., issued an initial determination on April 8, 2025. In that determination, it was found that Caihong's "616" formula glass substrate did not infringe Corning's patents, while a discontinued "615" formula product was found to be infringing. It's important to note that ITC Investigation No. 337-TA-1433 and 337-TA-1441 are distinct cases, though they involve similar parties and technologies.
Parallel PTAB IPR/PGR Proceedings
A parallel inter partes review (IPR) proceeding, IPR2025-01137, was filed against U.S. Patent No. 8,627,684 by Caihong Display Devices Co., Ltd. against Corning Inc. This IPR was "Not Instituted - Procedural." This means the Patent Trial and Appeal Board (PTAB) did not proceed with a full review of the patent's validity based on the petition filed. The non-institution of the IPR allows the ITC investigation regarding the validity of patent 8,627,684 to proceed without the immediate influence of a parallel PTAB review.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
Counsel Identified for Complainant Corning Incorporated in ITC Investigation 337-TA-1433
Corning Incorporated, the complainant in the patent infringement case before the International Trade Commission (ITC) concerning patent 8627684, is represented by Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.. The investigation, originally referenced by case number 337-TA-3795, is officially designated as Inv. No. 337-TA-1433, with 3795 appearing to be an internal docket number associated with the investigation. The complaint alleges infringement of patent 8627684, among others, relating to certain glass substrates for liquid crystal displays.
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. is a Washington, D.C.-based litigation firm known for its expertise in complex trial and appellate litigation, including intellectual property and ITC Section 337 cases. The firm represents both plaintiffs and defendants in high-stakes matters.
While specific attorneys of record for Corning in this particular ITC investigation are typically listed in the complaint or early docket filings, which are not fully accessible through public web search snippets, the firm's general profile highlights individuals with significant relevant experience:
- Mark C. Hansen (Lead Counsel)
- Firm: Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, D.C.
- Note: Chambers-ranked for antitrust, breach of contract, and IP disputes, recognized as an "amazing trial lawyer" for his ability to simplify complex issues.
- Michael K. Kellogg (Lead Counsel)
- Firm: Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, D.C.
- Note: Co-founder of the firm, specializing in complex trial and appellate litigation, including telecommunications and intellectual property.
- David C. Frederick (Lead Counsel)
- Firm: Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, D.C.
- Note: Recognized for commercial and appellate litigation, with experience in patent matters.
- Derek Ho (Lead Counsel)
- Firm: Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, D.C.
- Note: Litigates high-stakes commercial cases and has represented clients in obtaining significant judgments.
The firm's attorneys have a strong track record of successfully representing clients in patent cases across the country and before the U.S. International Trade Commission, with experience in a broad spectrum of technologies and a particular depth in internet and computer-related technologies. They are also experienced in handling intellectual property policy and appellate matters before the Federal Circuit and Supreme Court.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Baker Botts
- Lisa Marie Kattan · Lead Counsel
Counsel Identified in USITC Investigation 337-TA-1433 (Associated with Docket Number 3795)
The patent at issue, U.S. Patent No. 8,627,684, is part of a U.S. International Trade Commission (USITC) investigation, Inv. No. 337-TA-1433, concerning "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same." This investigation is associated with Docket Number 3795. The complainant in this investigation is Corning Incorporated, and several companies are named as respondents.
The following counsel represent some of the respondent (defendant) companies in this investigation:
For LG Electronics U.S.A., Inc. and VIZIO, Inc.
Firm: Baker Botts L.L.P.
Office Location: Various, including Washington D.C. (firm has offices in multiple locations)
- Lisa Marie Kattan
- Role: Lead Counsel
- Firm & Office Location: Baker Botts L.L.P., Washington D.C. (based on firm's prominent ITC practice in D.C.)
- Experience Note: Ms. Kattan is Department Chair of Baker Botts's ITC practice and previously served five years as a Senior Investigative Attorney at the ITC, bringing unique insights to Section 337 investigations. Baker Botts is recognized for its robust patent litigation practice, including appearances at the ITC.
For TCL China Star Optoelectronics Technology Co., Ltd. and TTE Technology, Inc. d/b/a TCL North America
Firm: Vanguard Crest P.C.
Office Location: Specific office location not explicitly stated in public records for this case.
- Specific attorney names for Vanguard Crest P.C. representing TCL China Star Optoelectronics Technology Co., Ltd. and TTE Technology, Inc. d/b/a TCL North America in this specific ITC investigation are not readily available in the provided search results beyond the firm name itself. While "Vanguard-IP" appears in some searches as a recruitment firm for patent litigation professionals, "Vanguard Crest P.C." is listed as the participant representative in the USITC investigation for TCL entities.
In-House Counsel
While outside counsel handles the primary litigation, the respondents typically have in-house intellectual property counsel involved in managing the case and advising the company.
- LG Electronics U.S.A., Inc.: LG Electronics has legal counsel roles that advise on diverse legal issues, including intellectual property and managing litigation. Specific names for in-house counsel directly involved in this ITC case are not publicly available in the search results.
- VIZIO, Inc.: VIZIO employs in-house counsel to provide legal advice on product lifecycle, compliance, and intellectual property laws, and to manage litigation disputes. Specific names for in-house counsel directly involved in this ITC case are not publicly available in the search results.
- TCL China Star Optoelectronics Technology Co., Ltd.: TCL China Star Optoelectronics Technology Co., Ltd. has patent attorneys, though specific in-house counsel names for this litigation are not detailed in the public information found.
It is important to note that claims related to U.S. Patent No. 8,627,684 were partially terminated from the investigation in December 2025 due to withdrawal of the complaint with respect to those claims. However, the overall investigation, 337-TA-1433, for "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same" continues, potentially involving other patents or trade secret misappropriation claims.