June 14, 2005
News Release 05-070
Inv. No. 337-TA-542
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DVD/CD PLAYERS AND RECORDERS, COLOR TELEVISION RECEIVERS AND DISPLAY MONITORS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain DVD/CD players and recorders, color television receivers and display monitors, and components thereof.

The investigation is based on a complaint filed by BenQ Corp. of Taiwan and BenQ America Corp. of Irvine, CA, on May 17, 2005, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain DVD/CD players and recorders, color television receivers and display monitors, and components thereof that infringe patents owned by the complainants. The complainants request that the ITC issue an exclusion order and a cease and desist order.

The ITC has identified Thomson Inc., of Indianapolis, IN, as the respondent in this investigation.

By instituting this investigation (337-TA-542), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert Barton, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.

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