July 28, 2005
News Release 05-082
Inv. No. 337-TA-544

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN HAND-HELD MOBILE COMPUTING DEVICES, COMPONENTS THEREOF AND CRADLES THEREFORE

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain hand-held mobile computing devices, components thereof and cradles therefore. The products at issue in this investigation are hand-held, battery-operated devices used by employees in the field or in a warehouse to collect and, in some instances, transmit data.

The investigation is based on a complaint filed by Intermec Technologies Corporation of Everett, WA, on June 30, 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 hand-held mobile computing devices, components thereof and cradles therefore, that infringe patents owned by Intermec. The complainant requests that the ITC issue an exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-544), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris 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 U.S. Trade Representative within that 60-day period.

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