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NEWS RELEASE 04-007; JANUARY 8, 2004 January 8, 2004
News Release 04-007
Inv. No. 337-TA-504

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN SIGNATURE CAPTURE TRANSACTION DEVICES AND COMPONENT PARTS THEREOF, AND SYSTEMS THAT EMPLOY SUCH DEVICES

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain signature capture transaction devices and component parts thereof, and systems that employ such devices. The products at issue in this investigation are devices that electronically capture and store signatures and transaction information at point of sale terminals.

The investigation is based on a complaint filed by NCR Corporation of Dayton, OH, on December 9, 2003. The complaint, which was amended on December 24, 2003, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain signature capture transaction devices and components thereof, and systems that employ such devices, that infringe a patent owned by NCR. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Ingenico S.A., d/b/a Groupe Ingenico, of France;
Ingenico Corp. of Roswell, GA; and
SMTC Corporation of Canada.

By instituting this investigation (337-TA-504), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock , an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.

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