January 31, 2013
News Release 13-015
Inv. No. 337-TA-868
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN WIRELESS DEVICES WITH 3G AND/OR 4G CAPABILITIES
AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless devices with 3G and/or 4G capabilities and components thereof. The products at issue in this investigation are cellular mobile telephones including smartphones, cellular PC cards, cellular USB dongles or sticks, personal computers such as laptops, notebooks, netbooks, tablets and other mobile internet devices with cellular capabilities, cellular access points or "hotspots" and cellular modems.
The investigation is based on a complaint filed by InterDigital Communications, Inc., of King of Prussia, PA; InterDigital Technology Corporation of Wilmington, DE; IPR Licensing, Inc., of Wilmington, DE; and InterDigital Holdings, Inc., of Wilmington, DE; January 2, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless devices with 3G and/or 4G capabilities and components thereof 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 Suwon-city, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
Nokia Corporation of Espoo, Finland;
Nokia Inc. of White Plains, NY;
ZTE Corporation of Shenzhen, Guangdong Province, China;
ZTE (USA) Inc. of Richardson, TX;
Huawei Technologies Co., Ltd., of Shenzhen, Guangdong Province, China;
Huawei Device USA, Inc., of Plano, TX; and
FutureWei Technologies, Inc., d/b/a Huawei Technologies (USA) of Plano, TX.
By instituting this investigation (337-TA-868), 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.