January 9, 2014
News Release 14-003
Inv. No. 337-TA-904
Contact: Peg O'Laughlin, 202-205-1819

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ACOUSTO-MAGNETIC ELECTRONIC ARTICLE SURVEILLANCE SYSTEMS, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same. The products at issue in this investigation are used in retail stores to deter the theft of merchandise.

The investigation is based on a complaint filed by Tyco Fire & Security GmbH of Neuhausen am Rheinfall, Switzerland; Sensormatic Electronics, LLC, of Boca Raton, FL; and Tyco Integrated Security, LLC, of Boca Raton, FL, on December 11, 2013. A letter supplementing the complaint was filed on December 23, 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 acousto-magnetic electronic article surveillance systems, components thereof, and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general (or limited) exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-904), 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 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.

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