The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital photo frames and image display devices and components thereof. The products at issue in this investigation are digital photo frames and image display devices that incorporate flash memory card readers.
The investigation is based on a complaint filed by Technology Properties Limited LLC of Cupertino, CA, on August 24, 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 digital photo frames and image display devices and components thereof that infringe patents asserted by Technology Properties. 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:
Action Electronics Co., Ltd., of Taiwan;
Aiptek International Inc., of Taiwan;
Aluratek, Inc., of Tustin, CA;
Audiovox Corporation of Happauge, NY;
CEIVA Logic, Inc., of Burbank, CA;
Circus World Displays Ltd., of Canada;
Coby Electronics Corporation of Lake Success, NY;
Curtis International, Ltd., of Canada;
Digital Spectrum Solutions, Inc., of Irvine, CA;
Eastman Kodak Company of Rochester, NY;
Mustek Systems, Inc., of Taiwan;
Nextar, Inc., of La Verne, CA;
Pandigital of Dublin, CA;
Royal Consumer Information Products, Inc., of Somerset, NJ;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Transcend Information, Inc., of Taiwan;
ViewSonic Corporation of Walnut, CA;
Win Accord Ltd., of Taiwan; and
WinAccord U.S.A., Inc., of San Jose, CA.
By instituting this investigation (337-TA-807), 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.