August 24, 2011
News Release 11-106
Inv. No. 337-TA-799
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN COMPUTER FORENSIC DEVICES AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computer forensic devices and products containing the same. The products at issue in this investigation are computer forensic devices and products containing these devices, such as corporate information security hardware and software.
The investigation is based on a complaint filed by MyKey Technology Inc. of Gaithersburg, MD, on July 22, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computer forensic devices and products containing the same that infringe patents asserted by MyKey Technology Inc. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Data Protection Solutions by Arco of Hollywood, FL;
CRU Acquisitions Group LLC of Vancouver, WA;
CRU-DataPort LLC of Vancouver, WA;
Digital Intelligence, Inc., of New Berlin, WI;
Diskology, Inc., of Chatsworth, CA;
Guidance Software, Inc., of Pasadena, CA;
Guidance Tableau LLC of Pasadena, CA;
Ji2, Inc., of Cypress, CA;
MultiMedia Effects, Inc., of Canada;
Voom Technologies, Inc., of S. Lakeland, MN; and
YEC Co. Ltd. of Japan.
By instituting this investigation (337-TA-799), the USITC has not yet made any decision on the merits of the case. The USITC's Acting Chief Administrative Law Judge will assign the case to one of the USITC's four 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.