October 21, 2013
News Release 13-103
Inv. No. 337-TA-897
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN OPTICAL DISC DRIVES, COMPONENTS THEREOF,
AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optical disc drives, components thereof, and products containing the same. The products at issue in this investigation are certain optical disc drives for products such as desktop and laptop computers, computer storage devices, network attached storage devices, DVD and Blu-ray players/recorders, CD players, televisions, console gaming systems, and servers, and components of the drives (for example, integrated circuits and chipsets), and products containing such drives and/or components.
The investigation is based on a complaint filed by Optical Devices, LLC, of Peterborough, NH, on September 3, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optical disc drives, components thereof, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Lenovo Group Ltd., of Quarry Bay, Hong Kong;
Lenovo (United States) Inc., of Morrisville, NC;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A. Inc., of Englewood Cliffs, NJ;
Nintendo Co., Ltd., of Kyoto, Japan;
Nintendo of America, Inc., of Redmond, WA;
Panasonic Corp., of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Toshiba Corporation, of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
MediaTek, Inc., of Hsinchu City, Taiwan; and
MediaTek USA Inc., of San Jose, CA.
By instituting this investigation (337-TA-897), 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 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.