The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable electronic devices and components thereof. The products at issue in the investigation are portable electronic devices, such as smart phones, with the capability of playing stored media files selected by a user from a hierarchical display.
The investigation is based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc., of Milpitas, CA, on March 24, 2016. 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 electronic devices and components thereof that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
ZTE Corporation of Guangdong, China;
ZTE (USA) Inc. of Richardson, TX;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc., of Tokyo, Japan;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA), Inc., of Atlanta, GA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics Mobilecomm U.S.A., Inc., of San Diego, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
Blackberry Ltd. of Waterloo, Ontario, Canada; and
Blackberry Corporation of Irving, Texas.
By instituting this investigation (337-TA-994), 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.