A preliminary ruling from the U.S. International Trade Commission (ITC) has found that Chinese display maker BOE infringed on Samsung's OLED trade secrets—a move that could trigger a U.S. import ban on certain iPhones and other devices using BOE panels, reports ETNews.
The ruling, which stems from a complaint Samsung Display filed back in October 2023, concludes that BOE and seven of its subsidiaries violated Section 337 of the U.S. Tariff Act. The ITC found "a preponderance of evidence" that BOE has been manufacturing OLED panels through the "misappropriation of trade secrets." As a result, the ITC has recommended a 'limited exclusion order' to block the import of infringing BOE OLED panels and a 'cease and desist' order to halt the sale of any existing inventory.
While the ruling is still preliminary, such decisions are rarely overturned. A final determination is expected in November, followed by a 60-day presidential review period. Depending on how the exclusion and cease and desist orders are defined, the ban could affect Apple. Currently, some iPhone 15, 15 Plus, 16, 16 Plus, and 16e models sold in the U.S. use BOE displays. It remains unclear whether the import restriction would apply only to BOE's OLED panels or also to finished iPhones assembled overseas. In addition, the cease and desist order could affect existing U.S. inventory that contains the infringing panels.
The ruling adds uncertainty for Apple, which has had a complicated history with BOE. The company previously cut BOE's orders after it made unauthorized design changes to the iPhone 14. More recently, Apple reportedly approved BOE to supply iPhone 17 Pro displays for the Chinese market only, as the panels failed to meet performance standards for global distribution. This ruling comes as BOE was aiming to expand its role in Apple's supply chain, with a recent report projecting it would become Apple's top MacBook display supplier in 2025.
If Apple is forced to shift its supply, Samsung Display and LG Display would be the likely beneficiaries. Samsung, in particular, is in a strong position, having already been tapped as the exclusive supplier for the upcoming foldable iPhone.