The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices with communication capabilities, components thereof, and related software. The products at issue in this investigation are computers, tablet computers, and smartphones.
The investigation is based on a complaint filed by HTC Corporation of Taiwan on August 16, 2011 and amended on September 7, 2011. Supplements were filed on September 2 and 19, 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 electronic devices with communication capabilities, components thereof, and related software that infringe patents asserted by HTC. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified Apple, Inc. a/k/a Apple Computer, Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-808), 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.