Litigation

Untitled case

337-TA-3795

Patents at issue (1)

Summary

An investigation was filed at the International Trade Commission involving US patent 9512025, identified by case number 337-TA-3795.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

The case 337-TA-3795 refers to "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same". It appears there might be a slight confusion in the initial case number provided, as searches for "337-TA-3795" often lead to "337-TA-1433" or "337-TA-1441" which are investigations concerning similar subject matter and parties. For clarity, this overview will focus on the details consistently found across searches, particularly those tied to Corning's complaints regarding LCD glass substrates. Given the current date (May 17, 2026), information about "337-TA-1433" and "337-TA-1441" is more recent and directly mentions the patent 9512025 in some contexts.

Case Overview and Background

This patent infringement litigation, specifically Investigation No. 337-TA-1441 (though sometimes referenced with docket number 3795 or investigation ID 8681, or even as 337-TA-1433, which also involves similar parties and subject matter), was initiated by Complainant Corning Incorporated, a major American manufacturer of glass, ceramics, and related materials, including display glass. The complaint targets several respondents, primarily Chinese display glass and panel manufacturers and their affiliates, including Caihong Display Devices Co., Ltd. (also known as Irico Display Devices Co., Ltd.), HKC Corporation Ltd., China Star (TCL China Star Optoelectronics Technology Co., Ltd.), Xianyang CaiHong Optoelectronics Technology Co., Ltd. (CHOT), Hisense USA Corporation, LG Electronics U.S.A., Inc., TTE Technology, Inc. d/b/a TCL America, and VIZIO, Inc. The accused products are certain glass substrates for liquid crystal displays (LCDs), products containing these substrates (such as TVs, monitors, notebook and laptop computers, and tablets), and methods for manufacturing the same.

The asserted patent, U.S. Patent No. 9,512,025, generally relates to "Methods and apparatuses for reducing heat loss from edge directors" in the context of manufacturing glass ribbons. Specifically, it describes an apparatus for making a glass ribbon that includes a forming wedge and an edge director, with a replaceable heating cartridge configured to direct heat to the edge director and thermally shield it from heat loss. This aims to prevent devitrification (crystallization) of the molten glass during the manufacturing process. This case is being litigated at the U.S. International Trade Commission (ITC) under Section 337 of the Tariff Act of 1930. The ITC is a significant venue for patent disputes because it offers a rapid adjudication process compared to federal district courts, typically concluding within 15-18 months. A prevailing complainant at the ITC can secure powerful injunctive relief, such as exclusion orders that block infringing products from entering the U.S. market, and cease-and-desist orders against already imported inventory, rather than monetary damages.

This investigation is notable for several reasons. It represents a major American operating company, Corning, asserting its intellectual property against numerous foreign competitors, particularly from China, in the critical display industry. The dispute touches upon the autonomy of key upstream materials in China's display industry chain and has broader geopolitical implications related to trade and technology. The case highlights the importance of the ITC for patent owners seeking to halt the importation of infringing goods. An Initial Determination (ID) in the related 337-TA-1441 investigation found that Caihong's newer "616" formula glass substrate does not infringe Corning's patents, while a previously used "615" formula product was found to be infringing, indicating a mixed outcome for both parties. The final determination for this case is expected on August 7, 2026. Multiple lawsuits between Corning and Caihong are reportedly ongoing globally.

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 337-TA-1433 (Docket No. 3795)

This investigation, originally identified as 337-TA-3795 in the prompt, is officially known as 337-TA-1433, with 3795 serving as its docket number. The investigation concerns "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same." The complainant is Corning Incorporated, and the asserted patents include U.S. Patent Nos. 7,851,394, 8,627,684, and 9,512,025.

Chronological Developments:

  • Filing & Initial Pleadings (Late 2024 - Early 2025):

    • Corning Incorporated filed a complaint with the U.S. International Trade Commission (ITC) alleging violations of Section 337 of the Tariff Act of 1930. The complaint pertains to the importation into the U.S. and sale of LCD glass substrates that allegedly infringe Corning's patents.
    • The USITC released a "Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest" in December 2024, indicating the complaint was filed prior to this date.
    • The named respondents in the complaint include Caihong (Caihong Display Device), HKC, China Star, Xianyang CaiHong Optoelectronics Technology (CHOT), Hisense, TCL, LG Electronics, and Vizio.
    • The ITC formally instituted Investigation No. 337-TA-1433 on December 17, 2024.
  • Pre-Trial Motions of Substance:

    • No specific substantive pre-trial motions to dismiss, transfer, or stay related to 337-TA-1433 are publicly detailed in the provided search results. ITC investigations typically proceed at an accelerated pace, and stays pending inter partes review (IPR) are rare but possible.
  • Claim Construction (Markman) Outcomes:

    • In ITC investigations, Administrative Law Judges (ALJs) may hold a claim construction (Markman) hearing or resolve claim construction issues as part of the Initial Determination (ID). Specific details on a Markman hearing or claim construction order for Investigation 337-TA-1433 are not yet publicly available in the provided sources.
  • Discovery Milestones with Strategic Significance:

    • Discovery in ITC Section 337 investigations proceeds rapidly. For an investigation with an 18-month target date, fact discovery is typically completed within seven months of institution, followed by expert discovery.
  • Trial Events, Verdict, and Post-Trial Motions:

    • As of today's date (May 17, 2026), the investigation is ongoing.
    • The target date for the final determination in Investigation 337-TA-1433 is October 12, 2026. An Initial Determination by the Administrative Law Judge would precede this final determination, typically by about four months. Therefore, an Initial Determination is expected in the coming months but has not yet been issued for this specific investigation.
  • Settlement, Dismissal, Judgment, or Appeal – Present Posture:

    • The investigation 337-TA-1433 is currently active and ongoing, with a target date for a final determination set for October 12, 2026.
  • Parallel PTAB IPR/PGR Proceedings on the Asserted Patents:

    • IPR2025-01040 was filed by Caihong Display Devices Co., Ltd. (a respondent in the ITC investigation) challenging U.S. Patent No. 9,512,025, which is asserted in the ITC case.
    • On October 3, 2025, the Patent Trial and Appeal Board (PTAB) issued a decision to deny institution of IPR2025-01040. The denial was a discretionary denial, based on similar considerations as other related IPRs (IPR2025-00439 and IPR2025-00937) involving Corning and Caihong. This outcome means that the validity of U.S. Patent No. 9,512,025 was not reviewed by the PTAB in this proceeding, removing a potential parallel challenge to the patent's claims.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Counsel for Complainant Corning Incorporated in ITC Investigation 337-TA-3795

Complainant Corning Incorporated is represented by outside counsel from Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., with in-house legal support. The investigation, officially designated as 337-TA-1433, carries the docket number 3795 and concerns "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same."

External Counsel:

  • Name: John Thorne
  • Role: Lead Attorney
  • Firm: Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
  • Office Location: Washington, D.C.
  • Relevant Patent Litigation Experience: Kellogg Hansen is a trial and appellate litigation firm with significant experience in intellectual property, including successfully representing clients as both plaintiffs and defendants in patent cases before the U.S. International Trade Commission and various federal courts. The firm is known for its ability to handle complex technology and high-stakes litigation, and its attorneys have argued numerous patent matters before the Federal Circuit and the Supreme Court.

In-house Counsel:

While specific in-house attorneys for Corning Incorporated in this particular ITC investigation are not individually listed as "Lead Attorney" in the public docket entries found, Corning maintains a robust in-house Intellectual Property Department. These in-house patent attorneys are responsible for developing and supporting Corning's patent portfolio, including securing foreign and domestic patent protection, performing IP risk analyses, drafting infringement and validity opinions, and contributing to litigation strategy. Experience in litigation is a desired quality for Corning's in-house counsel roles. Michaune D. Tillman serves as Senior Vice President and General Counsel for Corning Incorporated.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Counsel of Record for Respondents in ITC Investigation 337-TA-3795 (believed to correspond to 337-TA-1441)

ITC Investigation No. 337-TA-3795, also widely referred to as 337-TA-1441 (Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same II), involves a complaint filed by Corning Incorporated against multiple respondents. Based on available information, the counsel representing various respondents are as follows:

For Caihong Display Devices Co., Ltd. and Xianyang CaiHong Optoelectronics Technology Co., Ltd.

  • Cooley LLP represented Caihong Display Devices, which secured a favorable initial determination in April 2026.
    • Stephen Smith, Partner, Washington, D.C. (Lead Counsel) - Leads complex intellectual property litigation teams.
    • Dr. Matthew Brigham, Of Counsel, Palo Alto - Involved in intellectual property litigation.
    • Dr. Adam Pivovar, Partner, Washington, D.C. - Involved in intellectual property litigation.
    • Sam Whitt, Associate, Washington, D.C. - Involved in intellectual property litigation.
    • Cole Merritt, Associate, Washington, D.C. - Involved in intellectual property litigation.
    • Matthew Ritter, Associate, Washington, D.C. - Involved in intellectual property litigation.
  • Wen Ming, Legal Adviser (Role specified as legal adviser for Caihong) - Provided commentary on the ITC case to Yicai.
  • Kirkland & Ellis was also listed as a participant representative for Xianyang CaiHong Optoelectronics Technology Co., Ltd.

For LG Electronics U.S.A., Inc.

  • Baker Botts L.L.P. (Participant Representative) - Represented LG Electronics U.S.A., Inc. in the related ITC Investigation No. 337-TA-1433, which shares the docket number 3795.
  • Ronald Andrew Wasinger, In-house Counsel, LG Electronics USA, Inc., Englewood Cliffs, NJ - Licensed attorney.
  • Fish & Richardson P.C. also represented LG Electronics Inc., LG Electronics MobileComm U.S.A., Inc., and LG Electronics U.S.A., Inc. in ITC Investigation No. 337-TA-994.

For VIZIO, Inc.

  • Baker Botts L.L.P. (Participant Representative) - Represented VIZIO, Inc. in the related ITC Investigation No. 337-TA-1433.

For TCL China Star Optoelectronics Technology Co., Ltd. and TTE Technology, Inc.

  • Vanguard Crest P.C. (Participant Representative) - Represented TCL China Star Optoelectronics Technology Co., Ltd. and TTE Technology, Inc. in the related ITC Investigation No. 337-TA-1433.

For HKC Corporation Ltd., HKC Overseas Ltd., and Hisense USA Corporation

Specific counsel of record for HKC Corporation Ltd., HKC Overseas Ltd., and Hisense USA Corporation in this particular ITC investigation were not explicitly identified in the available search results. However, Hisense was part of a joint motion with Corning to partially terminate the investigation with respect to Hisense based on a settlement agreement, indicating they were represented by counsel.

Note on Case Number: The initial prompt uses "337-TA-3795." Search results indicate that this is likely a docket number associated with ITC Investigation No. 337-TA-1441, titled "Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same II," which was instituted based on a complaint by Corning Incorporated on January 31, 2025. Another related investigation, 337-TA-1433, also lists 3795 as its docket number. The counsel information provided above is primarily linked to 337-TA-1441 and 337-TA-1433.