September 4, 2013
News Release 13-082
Inv. No. 337-TA-892
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN POINT-TO-POINT NETWORK COMMUNICATION DEVICES
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain point-to-point network communication devices and products containing same. The products at issue in this investigation are smartphone handsets, tablet computers, eReaders, smart TVs, gaming consoles, Blu-ray players, VoIP phones, and set-top boxes that have methods for establishing point-to-point communication links over a network and/or programs or interfaces for establishing the link.
The investigation is based on a complaint filed by Straight Path IP Group Inc. of Glen Allen, VA, on August 1, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain point-to-point network communication devices and products containing same that infringe patents asserted by Straight Path. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
AmTran Logistics, Inc., of Irvine, CA;
AmTran Technology Co., Ltd., of New Taipei City, Taiwan;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG El ectronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Sharp Corporation of Osaka, Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sony Computer Entertainment, Inc., of Tokyo, Japan;
Sony Computer Entertainment America, Inc., of Tokyo, Japan;
Sony Computer Entertainment America LLC of Foster City, CA;
Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY;
Sony Electronics Inc. of San Diego, CA;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA) Inc. of Research Triangle Park, NC;
Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA;
Toshiba Corporation of Tokyo, Japan;
Toshiba America Inc. of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA; and
Vizio, Inc. of Irvine, CA.
By instituting this investigation (337-TA-892), 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 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.