VIAVI
Solutions of the U.S. filed a patent infringement lawsuit in the Seoul Central
District Court against O, which supplies optical filters for near infrared
sensors used in domestic 5G mobile phones. VIAVI Solutions also filed an
injunction to patent infringement in the International Trade Commission (ITC)
in the US and in the California District Court against L, which exports mobile
phones to the US, and O, which is the supplier of the mobile phone parts. AIP,
which represented O, claimed a patent invalidation trial against the registered
patent in Korea owned by VIAVI Solution. After an intense argument on the major
technical issues such as the manufacturing process of hydrogenated silicon,
optical functions, and filter design with Kim & Chang, which represented
VIAVI Solutions, the Patent Tribunal decided an invalidation on all of the 19
claims (2 claims were canceled by the amendment) based on unclear description
of the patent specification and lack of inventive step. This decision to
invalidate the patent became the first obstacle for VIAVI Solutions which was
in the process of negotiation with the optical filter manufacturer in many
countries around the world, holding out patent litigation as its leverage.
After winning on this patent invalidation lawsuit, O was able to strengthen its
position in the ITC lawsuit in which L was omitted by a separate patent
negotiation and by reaching an agreement with VIAVI.