March 31, 2009
News Release 09-028
Inv. No. 337-TA-674
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN LIGHT EMITTING DIODE CHIPS, LASER DIODE CHIPS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain light emitting diode (LED) chips, laser diode chips and products containing same. The products at issue in this investigation are used in items such as traffic lights, billboards, computers, televisions, hard drives, and CD, DVD and Blu-ray players, as well as to illuminate instrument panels and provide backlighting for handheld mobile devices.

The investigation is based on a complaint filed by Gertrude Neumark Rothschild of Hartsdale, NY, on March 2, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain light emitting diode chips, laser diode chips and products containing same that infringe a patents asserted in the investigation. The complainant requests that the ITC issue exclusion orders and cease and desist orders.

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

By instituting this investigation (337-TA-674), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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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