June 7, 2012
News Release 12-066
Inv. No. 337-TA-848
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN RADIO FREQUENCY INTEGRATED CIRCUITS AND DEVICES CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency integrated circuits and devices containing same. The products at issue in this investigation are radio frequency ("RF") circuits, including RF switches, that allow users to transmit and/or receive wireless signals more efficiently while consuming less power, and cellular handsets incorporating such RF circuits.
The investigation is based on an amended complaint filed by Peregrine Semiconductor Corporation of San Diego, CA, on May 11, 2012. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain radio frequency integrated circuits and devices containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
RF Micro Devices, Inc., of Greensboro, NC;
Motorola Mobility, Inc., of Libertyville, IL;
HTC America, Inc., of Bellevue, WA; and
HTC Corporation of Taiwan.
By instituting this investigation (337-TA-848), 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.