Corning Incorporated v. TCL China Star Optoelectronics Technology Co Ltd et al.

Corning Incorporated, a U.S. multinational technology company renowned for its innovations in glass, ceramics, and optical physics, particularly in the display technologies sector, initiated this Section 337 investigation at the U.S. International Trade Commission (ITC). The investigation targets several prominent international manufacturers and distributors of display products and consumer electronics. The original respondents included TCL China Star Optoelectronics Technology Co Ltd (a China-based display producer), Hisense USA Corporation (a U.S. subsidiary of a Chinese consumer electronics giant), Caihong Display (a China-based display and glass substrate manufacturer), TTE Technology, Inc. (operating as TCL North America, a consumer electronics company primarily focused on televisions), HKC Corp (a China-originated global innovator in semiconductor display technologies), VIZIO, Inc. (an American designer of televisions and soundbars), and LG Electronics U.S.A., Inc. (the North American arm of a major global electronics company). The accused products are "certain glass substrates for liquid crystal displays, products containing the same, and methods for manufacturing the same," encompassing electronic devices like TVs, monitors, notebook and laptop computers, and tablets.

Initially, Corning asserted U.S. Patent No. 7,851,394, among others. However, the investigation was partially terminated with respect to U.S. Patent No. 7,851,394 on February 26, 2025, following a partial withdrawal of the complaint for that specific patent. The initial notice of investigation also listed U.S. Patent No. 8,627,684, titled "Method of making a thin glass sheet with improved surface quality," and U.S. Patent No. 9,512,025, titled "Fusion formed glass with improved surface quality." These patents generally relate to the manufacturing processes and resulting surface quality of glass sheets, which are critical components for advanced displays. The case, 337-TA-1433, is currently ongoing at the U.S. International Trade Commission, an administrative tribunal. Administrative Law Judge Monica V. Bhattacharyya is presiding over the investigation.

The ITC is a particularly strategic venue for patent infringement cases due to its ability to issue exclusion orders, which block infringing imported products from entering the U.S. market, and cease-and-desist orders, which prevent the sale of already imported infringing goods. Unlike federal district courts, the ITC does not award monetary damages but offers swift injunctive relief, with investigations typically concluding within 15-18 months from complaint to a final ruling. Complainants in ITC cases must also demonstrate the existence of a "domestic industry" related to the asserted patents. The case is notable for involving major players in the global display panel and consumer electronics industries, highlighting ongoing intellectual property disputes over foundational display component technologies. Partial terminations for Hisense USA Corporation, LG Electronics U.S.A., Inc., and VIZIO, Inc. have already occurred based on settlement agreements, indicating some resolution among the parties. The target completion date for the investigation is October 12, 2026.

Corning Incorporated initiated ITC Investigation No. 337-TA-1433 on December 18, 2024, by filing a complaint, supplemented on January 7, 2025, against multiple respondents including TCL China Star Optoelectronics Technology Co Ltd.. The investigation was formally instituted on January 17, 2025, with a notice published on January 24, 2025. The initial complaint alleged violations of Section 337 based on the infringement of U.S. Patent Nos. 7,851,394, 8,627,684, and 9,512,025, as well as misappropriation of trade secrets related to glass substrates for liquid crystal displays.

Key legal developments and outcomes in chronological order include:

Filing & Initial Pleadings (complaint, answer, counterclaims):

• 2024-12-18: Corning Incorporated filed its complaint with the U.S. International Trade Commission (ITC).
• 2025-01-07: Corning filed a supplement to its complaint.
• 2025-01-17: The ITC instituted Investigation No. 337-TA-1433. The notice of institution identified TCL China Star Optoelectronics Technology Co., Ltd., TTE Technology, Inc. d/b/a TCL North America, VIZIO, Inc., Xianyang CaiHong Optoelectronics Technology Co., Ltd., Hisense USA Corporation, HKC Corporation Ltd., HKC Overseas Ltd., and LG Electronics U.S.A., Inc. as respondents.
• 2025-03-07 to 2025-04-29 (various dates): Respondents filed their answers to the complaint.

Pre-trial motions of substance:

• 2025-02-26: The Commission determined not to review an Initial Determination (Order No. 7) partially terminating the investigation with respect to U.S. Patent No. 7,851,394. This termination was based on an unopposed joint motion by the parties to withdraw the complaint as to this specific patent, thereby conserving public and private resources. Therefore, patent 7,851,394 is no longer active in ITC Investigation 337-TA-1433.
• 2025-12-15: The Commission determined not to review two Initial Determinations (Order Nos. 55 and 56). Order No. 55 granted an unopposed motion to partially terminate the investigation with respect to the remaining asserted claims of U.S. Patent No. 8,627,684, due to withdrawal of the complaint regarding those claims. Order No. 56 extended the target date for completion of the investigation to October 13, 2026.

Claim construction (Markman) outcomes if the case reached that stage:

• 2025-09-04: A Markman hearing was scheduled. Details of the outcome are not immediately available in the public search results, but such a hearing would have addressed the construction of claims for the remaining asserted patents (9,512,025) and any relevant trade secret terms.

Discovery milestones with strategic significance:

• Specific strategic discovery milestones are not detailed in the public records found; however, in ITC investigations, discovery generally proceeds under the administrative law judge's ground rules, involving exchanges of contentions, interrogatories, document requests, and depositions, including those of experts.

Trial events, verdict (if any), and post-trial motions:

• 2026-02-11 to 2026-02-19: The main evidentiary hearing (trial) was scheduled for these dates. Given the ongoing status and the target completion date, a final verdict by the ALJ or the Commission has not yet been issued.

Settlement, dismissal, judgment, or appeal – the final disposition or the present posture if active:

• Ongoing: The investigation is currently ongoing.
• Partial Terminations: As noted in the prompt, there have been partial terminations for Hisense USA Corporation, LG Electronics U.S.A., Inc., and VIZIO, Inc. based on settlement agreements, though the specific dates of these settlements and the scope of their termination (i.e., whether they fully exited the investigation or settled for specific patents/claims) are not fully detailed in the provided search results. The investigation also saw partial terminations for U.S. Patent No. 7,851,394 and U.S. Patent No. 8,627,684 through withdrawal of complaint claims.
• 2026-10-13: The current target completion date for the investigation is October 13, 2026.

Any parallel PTAB IPR/PGR proceedings on the asserted patents and their effect on the litigation:

• 2025-01-13: Caihong Display Devices Co., Ltd. filed an Inter Partes Review (IPR) petition, IPR2025-00439, against Corning's U.S. Patent No. 7,851,394, challenging claims 1-16.
• 2025-04-01: This IPR proceeding was filed before the Patent Trial and Appeal Board.
• 2026-04-02: Patent 7,851,394 is also undergoing an ex-parte reexamination at the USPTO, with the status "Reexam Assigned to Examiner for Determination."
• Effect on Litigation: While IPR2025-00439 was filed for patent 7,851,394, this patent was subsequently terminated from ITC Investigation 337-TA-1433 on February 26, 2025, due to a partial withdrawal of the complaint. This means the IPR's outcome for 7,851,394 will not directly impact the 337-TA-1433 investigation, as the patent is no longer asserted in that specific ITC case. However, it's worth noting that Corning has also initiated a separate ITC investigation, 337-TA-1441, which also includes patent 7,851,394 and other patents. An initial determination in 337-TA-1441, issued on April 7, 2026, found that Caihong's "616" formula glass substrate does not infringe Corning's patents, while a discontinued "615" formula product was found to be infringing. These parallel proceedings highlight the broader IP dispute between the parties.

Here is the counsel of record representing Corning Incorporated in ITC Investigation 337-TA-1433:

Firm: Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

• John E. Thorne

  • Role: Counsel
  • Firm Office Location: Washington, D.C. (General location for the firm)
  • Relevant Experience: John Thorne is listed as an attorney for the complainant Corning Inc. in this ITC investigation, which involves patent infringement and trade secret misappropriation concerning glass substrates for liquid crystal displays.

• Chandler J. Sella

  • Role: Counsel
  • Firm Office Location: Washington, D.C. (General location for the firm)
  • Relevant Experience: Chandler Sella is listed as an attorney for Corning Inc. in this ITC investigation.

The docket information identifies Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. as the participant representative for Corning Incorporated. While the search results mention Fish & Richardson as a prominent firm in ITC patent litigation generally, there is no indication from the provided search snippets that they are representing Corning Incorporated in this specific investigation (337-TA-1433). The primary firm identified for the complainant is Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C..

Here is the counsel of record representing the defendant(s) in ITC Investigation 337-TA-1433:

For TCL China Star Optoelectronics Technology Co Ltd and TTE Technology, Inc., d/b/a TCL North America

Firm: Vanguard Crest P.C.

• Vanguard Crest P.C. is listed as the participant representative for both TCL China Star Optoelectronics Technology Co., Ltd. and TTE Technology, Inc., d/b/a TCL North America in this investigation.

Further details on specific attorneys from Vanguard Crest P.C. involved in this particular investigation were not explicitly identified in the provided search results. However, RPX Insight indicates:

• Donald R. McPhail
  • Role: Lead Attorney
  • Firm: Merchant & Gould PC
  • Firm Office Location: Not specified in snippets, but Merchant & Gould has offices in various locations, including Minneapolis, Atlanta, Denver, and Seattle.
  • Relevant Experience: Donald R. McPhail is listed as a lead attorney for TTE Technology Inc. in this ITC investigation, indicating experience in Section 337 patent litigation.

For Caihong Display Devices Co., Ltd., d/b/a Irico Display Devices Co., Ltd., and Xianyang CaiHong Optoelectronics Technology Co., Ltd.

Firm: Kirkland & Ellis LLP

• Kirkland and Ellis is listed as the participant representative for both Caihong Display Devices Co., Ltd., d/b/a Irico Display Devices Co., Ltd. and Xianyang CaiHong Optoelectronics Technology Co., Ltd.
• Paul F. Brinkman
  • Role: Lead Attorney
  • Firm: Kirkland & Ellis LLP
  • Firm Office Location: Not specified in snippets, but Kirkland & Ellis has a significant presence in Washington, D.C., which is common for ITC litigation.
  • Relevant Experience: Paul F. Brinkman is listed as a lead attorney for Xianyang Caihong Optoelectronics Technology Co Ltd. in this ITC investigation, demonstrating experience in Section 337 patent litigation.

For HKC Corporation Ltd. and HKC Overseas Ltd.

Firm: Polsinelli PC

• Polsinelli PC is listed as the participant representative for both HKC Corporation Ltd. and HKC Overseas Ltd.

Specific attorneys from Polsinelli PC involved in this particular investigation were not explicitly identified in the provided search results.