August 28, 2008
News Release 08-082
Inv. No. 337-TA-654
Contact: Peg O'Laughlin, 202-205-1819
ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN PERIPHERAL DEVICES AND COMPONENTS THEREOF
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain peripheral devices and components thereof and products containing the same. The products at issue in this investigation are peripheral devices, which are typically connected to, or in communication with, a computer. Such devices include keyboards and computer mice.
The investigation is based on a complaint filed by Microsoft Corporation of Redmond, WA, on July 30, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain peripheral devices and components thereof and products containing same that infringe patents owned by Microsoft. The complainant requests that the ITC issue an exclusion order and a cease and desist order.
The ITC has identified Primax Electronics Ltd. of Taiwan as the respondent in this investigation.
By instituting this investigation (337-TA-654), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's five 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 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 U.S. Trade Representative within that 60-day period.