Samsung Wins Preliminary ITC Ruling Against BOE Over OLED Trade Secrets

We often hear about legal battles between two major display makers, Samsung Display and BOE, over patent infringement. Recently, the US International Trade Commission (ITC) ruled in favor of Samsung in its OLED trade secret infringement lawsuit against BOE. In its preliminary decision, the ITC said that BOE’s infringing OLED panels should face an import ban into the United States.

BOE may face a US import ban after the final ITC ruling in favor of Samsung

Back in October 2023, Samsung appealed to the ITC, claiming that BOE developed OLED panels and modules using Samsung Display’s trade secrets. Recently, the federal agency ruled that BOE and its seven related companies violated US trade law under Section 337 of the Tariff Act.

The ITC proposed two orders: a “limited exclusion order” and a “cease and desist order.” The former will ban infringing products, preventing the company from importing them into the US. The latter will stop BOE from selling or using any OLED inventory already in the US. Note that these orders will take effect if the final ruling goes against BOE. The ITC will announce its final ruling in November 2025.

If the final ITC ruling goes against BOE and the President decides not to exercise a veto within two months, BOE may suffer a significant setback. This will restrict the Chinese display giant from exporting OLEDs to the US and could also limit its manufacturing activities. Since BOE has invested heavily in its display products to supply big companies like Apple, it could lose a large part of its business and suffer serious financial losses.

In April, Samsung Display also sued BOE and seven of its affiliates in the Eastern District of Texas Court for stealing OLED trade secrets. The Korean display maker asked the court to order BOE to compensate for the loss of operating profit and unfair profit. Furthermore, it requested extra punitive damages of up to twice that amount.