The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable communication devices. The products at issue in this investigation are cellular phones, tablet computers, and other such devices.
The investigation is based on an amended complaint filed by Digitude Innovations, LLC, of Alexandria, VA, on December 16, 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 portable communication devices that infringe patents asserted by Digitude Innovations. 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:
Research in Motion Ltd. of Canada;
Research in Motion Corp. of Irving, TX;
HTC Corporation of Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Electroincs, Inc., of San Diego, CA;
Sony Ericsson Mobile Communications AB of Sweden;
Sony Ericsson Mobile Communications (USA) Inc. of Research Triangle Park, NC;
Amazon.com, Inc., of Seattle, WA;
Nokia Corporation of Finland;
Nokia Inc. of Irving, TX;
Pantech & Curitel Communication, Inc. of South Korea; and
Pantech Wireless Inc. of Atlanta, GA.
By instituting this investigation (337-TA-827), 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 six 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.