July 22, 2011
News Release 11-091
Inv. No. 337-TA-793
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flat panel display devices and products containing the same. The products at issue in this investigation are flat panel displays used in applications such as televisions, computer monitors, laptop computers, mobile phones, and tablet devices.
The investigation is based on a complaint filed by AU Optronics Corporation of Taiwan and AU Optronics Corporation America of Milpitas, CA, on June 27, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flat panel display devices and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Samsung Electronics Co., Ltd., of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
AT&T, Inc., of Dallas, TX;
Best Buy Co., Inc., of Richfield, MN; and
BrandsMart USA, Inc., of Hollywood, FL.
By instituting this investigation (337-TA-793), 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 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 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.