January 4, 2008
News Release 08-002
Inv. No. 337-TA-627
Contact: Peg O'Laughlin, 202-205-1819
ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN SHORT WAVELENGTH SEMICONDUCTOR LASERS
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain short wavelength semiconductor lasers and products containing same. The products at issue in this investigation are incorporated into assembled goods such as high definition disc-drives used in consumer electronic products.
The investigation is based on a complaint filed by Seoul Semiconductor Company, Ltd. (SSC), of Korea on December 4, 2007. A letter supplementing the complaint was filed on December 11, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain short wavelength semiconductor lasers and products containing same that infringe a patent owned by SSC. The complainant requests that the ITC issue an exclusion order.
The ITC has identified Nichia Corporation of Japan as the respondent in this investigation.
By instituting this investigation (337-TA-627), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.