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News Release 15-020
Inv. No(s). 337-TA-949
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio processing hardware and software and products containing the same. The products at issue in the investigations are audio codec chips and audio processing software to remove or reduce unwanted audio noise, and products including desktop computers, all-in-one computers, notebooks, laptops, Chromebooks and computer tablets containing such chips and software.
The investigation is based on a complaint filed by Andrea Electronics Corporation of Bohemia, NY, on February 9, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audio processing hardware and software and products containing the same that infringe patents asserted by Andrea Electronics. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Dell Inc. of Round Rock, TX;
Hewlett Packard Co., of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo Holding Co., Inc., of Morrisville, NC;
Lenovo (United States) Inc. of Morrisville, NC;
Toshiba Corp. of Tokyo, Japan;
Toshiba America, Inc., of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA; and
Realtek Semiconductor Corp. of Hsinchu, Taiwan.
By instituting this investigation (337-TA-949), 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.