The investigation is based on a complaint filed by Panasonic Corporation of Japan on April 1, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain large scale integrated circuit semiconductor chips that infringe patents asserted by Panasonic. The complainant requests that the USITC issue exclusion orders and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Freescale Semiconductor, Inc., of Austin, TX;
Freescale Semiconductor Japan Ltd. of Japan;
Freescale Semiconductor of Xiqing Integrated Semiconductor Manufacturing Site of China;
Freescale Semiconductor Innovation Center of China;
Freescale Semiconductor Malaysia Sdn. Bhd. of Malaysia;
Freescale Semiconductor Pte. Ltd. of Singapore;
Freescale Semiconductor Taiwan Ltd. of Taiwan;
Mouser Electronics, Inc., of Mansfield, TX;
Premier Farnell Corporation d/b/a Newark of Independence, Ohio; and
Motorola Inc. of Schaumburg, IL.
By instituting this investigation (337-TA-716), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC'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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.