November 8, 2007
News Release 07-111
Inv. No. 337-TA-617
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DIGITAL TELEVISIONS AND CERTAIN PRODUCTS CONTAINING SAME AND METHODS OF USING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain digital televisions and certain products containing same and methods of using same. The products at issue in this investigation are digital televisions that can receive broadcast data sent in "sub-channels" that contain information concerning the picture format (screen size, picture quality and bit rate) as well as channel allocations and program information.

The investigation is based on a complaint filed by Funai Electric Co., Ltd. of Japan, and Funai Corporation, Inc., of Rutherford, NJ, on October 15, 2007. Letters supplementing the Complaint were filed on October 29-31, and November 5, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain digital televisions and certain products containing same and methods of using same that infringe patents owned by Funai. The complainants request that the ITC issue a permanent 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-617), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Carl C. Charneski, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Charneski 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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