On July 23, an Administrative Law Judge (“ALJ”) of the U.S. International Trade Commission determined that Caihong Display (DBA: IRICO) and all remaining respondents misappropriated Corning Incorporated’s trade secrets, including Corning’s proprietary fusion-draw technology used to manufacture LCD glass substrates for consumer electronics such as TVs, monitors, notebook computers, and tablets. The ruling applies broadly to IRICO glass produced using Corning’s misappropriated technology.
This ruling follows the April 7 initial determination in Corning’s separate ITC glass composition patents case, in which a different ALJ found a violation and infringement of both asserted Corning patents by IRICO and recommended Limited Exclusion Orders prohibiting the importation of certain IRICO glass and products containing such glass.
Taken together, these determinations significantly increase the legal, import, and supply-chain risk for companies that source, import, distribute, or sell products containing IRICO glass in the United States. The practical risks for downstream companies include import disruption, customs scrutiny, certification burdens, sourcing uncertainty, and broader compliance exposure.
More details to follow once the full trade secret ruling becomes public and the ALJ recommends exclusion orders against IRICO and the remaining respondents on August 6.
If you have any questions concerning the material discussed in this client alert, please contact the following members of our Patent and ITC Litigation practice.
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