April 5, 2012
News Release 12-033
Inv. No. 337-TA-836
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN CONSUMER ELECTRONICS AND DISPLAY DEVICES
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain consumer electronics and display devices and products containing same. The products at issue in this investigation include cellular telephones, personal computers, home theater audio and video components, televisions and gaming and media devices.
The investigation is based on a complaint filed by Graphics Properties Holdings, Inc., of New Rochelle, NY, on March 6, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain consumer electronics and display devices and products containing same that infringe patents asserted by Graphics Properties Holdings, Inc. The complaint requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Research in Motion Ltd. of Canada;
Research in Motion Corp. of Irving, TX;
HTC Corporation of Taiwan;
HTC America, Inc., of Bellevue, WA;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Apple Inc. of Cupertino, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, L.L.C., of Richardson, TX;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc. of San Diego, CA;
Sony Ericsson Mobile Communications AB of Sweden; and
Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA.
By instituting this investigation (337-TA-836), 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 six 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.