Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same II; Inv. No. 337-TA-1441 (Violation)

The Commission found a violation of section 337 by Caihong, CHOT, CSOT and TCL as to claims 3, 6, 8 and 12 of the '491 patent and claims 2, 3, 5, 6 and 9 of the '498 patent. It issued a limited exclusion order covering the 615 Accused Products (expressly excluding the 616 Accused Products) and a cease and desist order against TCL. The LEO bars entry of LCD glass-based products containing Caihong's 615 Glass, while 616 Glass products remain available. Impact is limited in time because the '491 and '498 patents expire on October 7 and November 13, 2026, shortly after the Presidential review period. The bond is 0%, so imports can continue during review without a bond. The opinion does not discuss appeal prospects. The term 'mole percent on an oxide basis' is not indefinite. Respondents did not show by clear and convincing evidence that the existence of multiple testing methods or variable results obscures the term's meaning, and any such variability goes to infringement rather than indefiniteness. The Commission affirmed the economic prong of domestic industry under section 337(a)(3)(B), using a holistic integrated analysis of significant labor investment at two New York facilities, and found the investments were made with respect to the protected article even though the glass itself is made overseas. The LEO covers the infringing 615 Accused Products with a standard certification provision, expressly excludes the 616 Accused Products (adjudicated non-infringing), and declines the other carve-outs sought by Respondents. The Commission declined Complainant's request for a marking requirement as impractical and unnecessary, and issued a CDO against TCL based on its commercially significant domestic inventory of TVs necessarily containing 615 Glass. The public interest factors do not preclude the remedies, and the bond is set at 0% of the entered value of infringing articles during Presidential review because Complainant made no showing of harm.