April 10, 2013
News Release 13-035
Inv. No. 337-TA-876
Contact: Peg O’Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN MICROELECTROMECHANICAL SYSTEMS (“MEMS DEVICES”)
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microelectromechanical systems (“MEMS devices”) and products containing same. The products at issue in this investigation are microscopic sensors embedded in portable consumer electronics devices, such as smart phones and video game controllers, in order to detect how the user is tilting, rotating, or otherwise moving the device.
The investigation is based on a complaint filed by STMicroelectronics, Inc. of Coppell, TX, on March 11, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and sale of certain microelectromechanical systems (“MEMS devices”) and products containing same that infringe patents asserted by STMicroelectronics. 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:
InvenSense, Inc., of Sunnyvale, CA;
Roku, Inc., of Saratoga, CA; and
Black & Decker (U.S.), Inc., of New Britain, CT.
By instituting this investigation (337-TA-876), 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 one or more evidentiary hearings. 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.