The U.S. International Trade Commission (USITC) has voted to institute investigations of certain cellular signal boosters, repeaters, bi-directional amplifiers, and components thereof. The products at issue in the investigations are described in the Commission’s notices of investigation (337-TA-1249, 337-TA-1250, and 337-TA-1251).
The investigations are based on a complaint filed by Wilson Electronics LLC of St. George, UT, on January 21, 2021. Supplements to the complaint were filed on February 1, 8, and 11, 2021. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cellular signal boosters, repeaters, bi-directional amplifiers, and components thereof that infringe 12 patents asserted by the complainant. To address the complexity of the allegations, the Commission is implementing its severing rule and will institute three separate investigations, each covering four patents. Details are provided in the notices of investigation cited above.
The complainant requests that the USITC issue limited exclusion orders and cease and desist orders.
The USITC has identified the following as respondents in these investigations:
Cellphone-Mate, Inc. d/b/a SureCall of Fremont, CA; and
Shenzhen SureCall Communication Technology Co. Ltd. of Shenzhen, China.
By instituting these investigations (337-TA-1249, 337-TA-1250, and 337-TA-1251), the USITC has not yet made any decision on the merits of the cases. The USITC’s Chief Administrative Law Judge will assign each case to one of the USITC’s administrative law judges (ALJs), who will schedule and hold evidentiary hearings. The ALJs will make initial determinations as to whether there is a violation of section 337; those initial determinations are subject to review by the Commission.
The USITC will make final determinations in the investigations at the earliest practicable time. Within 45 days after institution of the investigations, the USITC will set target dates for completing the investigations. 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.