The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits and products containing the same. The products at issue in this investigation are integrated circuits and products containing the same, including wireless communication devices, wireless phones, televisions, optical disk players, tablets, and other products.
The investigation is based on a complaint filed by Freescale Semiconductor, Inc., of Austin, TX, on May 12, 2014. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Acer Inc. of New Taipei City, Taiwan;
AmTRAN Technology Co. Ltd. of Chung Ho City, New Taipei I, Taiwan;
AmTRAN Logistics, Inc., of Irvine, CA;
ASUSTek Computer Inc. of Peitou, Taipei, Taiwan;
ASUS Computer International, Inc., of Fremont, CA;
BLU Products, Inc., of Doral, FL;
Sharp Corporation of Osaka, Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sharp Electronics Manufacturing Company of America Inc. of San Diego, CA;
Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc. of San Diego, CA;
Sony EMCS (Malaysia) Sdn Bhd of Penang, Malaysia;
Toshiba America Information Systems, Inc., of Irvine, CA;
Toshiba Logistics America, Inc., of Irvine, CA;
TPV Display Technology (Xiamen) Co., Ltd., of Xiamen, Fujian, China;
Trend Smart America, Ltd., Lake Forest, CA;
Trend Smart Ce M�xico, S.r.l. de C.V., of Tijuana, Mexico;
Vizio, Inc. of Irvine, CA;
Yamaha Corporation of Shizuoka, Japan;
Yamaha Corporation of America of Buena Park, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Best Buy Co., Inc., of Richfield, MN;
Newegg Inc. of City of Industry, CA;
Buy.com Inc. d/b/a Rakuten.com Shopping of Aliso Viejo, CA;
Walmart Stores, Inc., of Bentonville, AR;
Amazon.com, Inc., of Seattle, WA;
B & H Foto & Electronics Corp. of New York, NY;
Costco Wholesale Corporation of Issaquah, WA.
By instituting this investigation (337-TA-920), 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.