USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN MOTION-SENSITIVE SOUND EFFECTS DEVICES
AND IMAGE DISPLAY DEVICES AND COMPONENTS AND PRODUCTS CONTAINING
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motion-sensitive sound effects devices and image display devices and components and products containing same. The products at issue in this investigation include various types of electronic devices, such as cellular phones, computers, toys, and video games.
The investigation is based on an amended complaint filed by Ogma, LLC, of Longview, TX, on April 26, 2011. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain motion-sensitive sound effects devices and image display devices and components and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Activision Blizzard, Inc., of Santa Monica, CA;
Canon, Inc., of Japan;
Canon USA, Inc., of Lake Success, NY;
Jakks Pacific, Inc., of Malibu, CA;
Kyocera Communications, Inc., of San Diego, CA;
LEGO A/S dba LEGO Group of Denmark;
LEGO Systems, Inc., of Enfield, CT;
Lenovo (United States), Inc., of Morrisville, NC;
Lenovo Group Ltd. of China;
Lenovo (Singapore) Pte. Ltd. of Singapore;
Mad Catz, Inc., of San Diego, CA;
Nintendo Co., Ltd., of Japan;
Nintendo of America, Inc., of Redmond, WA;
Nyko Technologies, Inc., of Los Angeles, CA;
Sony Ericsson Mobile Communications (USA), Inc., of Atlanta, GA;
Sony Ericsson Mobile Communications AB of Sweden;
Vivitek Corporation of San Jose, CA;
VTech Electronics North America, LLC, of Arlington Heights, IL;
VTech Holdings, Ltd., of Hong Kong;
ViewSonic Corp., Ltd., of Walnut, CA;
WowWee Group Ltd. of Hong Kong; and
WowWee USA, Inc., of Carlsbad, CA.
By instituting this investigation (337-TA-773), 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.