July 27, 2011
News Release 11-094
Inv. No. 337-TA-794
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN ELECTRONIC DEVICES,
INCLUDING WIRELESS COMMUNICATION DEVICES,
PORTABLE MUSIC AND DATA PROCESSING DEVICES, AND TABLET COMPUTERS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers. The products at issue in this investigation are consumer products such as the smartphones and tablet computers.
The investigation is based on a complaint filed by Samsung Electronics Co., Ltd., of Korea, and Samsung Telecommunications America, LLC, of Richardson, TX, on June 28, 2011. Letters supplementing the complaint were filed on July 7 and 15, 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 electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified Apple, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-794), 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 five 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.