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Patent infringement

June 27, 2019

News Release 19-059

Inv. No(s). 337-TA-1165

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Barcode Scanners, Scan Engines, Products Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, scan engines, products containing the same, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Honeywell International, Inc. of Morris Plains, NJ, and Hand Held Products, Inc., and Metrologic Instruments, Inc., both of Fort Mill, SC, on May 31, 2019.  Supplements to the complaint were filed on June 7, 17, and 18, 2019.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain barcode scanners, scan engines, products containing the same, and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Opticon, Inc., of Renton, WA;
Opticon Sensors Europe B.V. of Hoofddorp, The Netherlands;
OPTO Electronics Co., Ltd., of Warabi-city Saitama Pref., Japan; and
Hokkaido Electronic Industry Co., Ltd., of Ashibetsu-shi, Hokkaido, Japan.

By instituting this investigation (337-TA-1165), 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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June 20, 2019

News Release 19-055

Inv. No(s). 337-TA-1164

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Systems, and Components Thereof (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (II).  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint, as amended, filed by Lighting Science Group Corporation and Healthe, Inc., of Cocoa Beach, FL, and Global Value Lighting, LLC, of West Warwick, RI, on April 30, 2019.  This is one of two investigations that the USITC is instituting based on the amended complaint.  As it pertains to this investigation, 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 light-emitting diode products, systems, and components thereof that infringe certain patents asserted by the complainants and by reason of false advertising.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Signify N.V. (f/k/a Philips Lighting N.V.) of Eindhoven, Netherlands;
Signify North America Corporation (f/k/a Philips Lighting North America Corporation) of Somerset, NJ;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Acuity Brands, Inc., of Atlanta, GA;
Acuity Brands Lighting, Inc., of Conyers, GA;
Leedarson Lighting Co., Ltd., of Xiamen, China; and
Leedarson America, Inc., of Smyrna, GA.

By instituting this investigation (337-TA-1164), 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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June 20, 2019

News Release 19-054

Inv. No(s). 337-TA-1163

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Systems, and Components Thereof (I)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (I).  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint, as amended, filed by Lighting Science Group Corporation and Healthe, Inc., of Cocoa Beach, FL, and Global Value Lighting, LLC, of West Warwick, RI, on April 30, 2019.  This is one of two investigations that the USITC is instituting based on the amended complaint.  As it pertains to this investigation, 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 light-emitting diode products, systems, and components thereof that infringe certain patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Nichia Corporation of Tokushima, Japan;
Nichia America Corporation of Wixom, MI;
Cree, Inc., of Durham, NC;
Cree Hong Kong, Limited, of Hong Kong;
Cree Huizhou Solid State Lighting Co. Ltd. of Guangdong, China;
OSRAM GmbH of Munich, Germany;
OSRAM Licht AG of Munich, Germany;
OSRAM Opto Semiconductors GmbH of Regensburg, Germany;
OSRAM Opto Semiconductors, Inc., of Sunnyvale, CA;
Lumileds Holding B.V. of Schipol, Netherlands;
Lumileds, LLC, of San Jose, CA;
Signify N.V. (f/k/a Philips Lighting N.V.) of Eindhoven, Netherlands;
Signify North America Corporation (f/k/a Philips Lighting North America Corporation) of Somerset, NJ;
MLS Co., Ltd. of Zhongshan City, China;
LEDVANCE GmbH of Garching, Germany;
LEDVANCE LLC of Wilmington, MA;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Current Lighting Solutions, LLC of Cleveland, Ohio;
Acuity Brands, Inc., of Atlanta, GA;
Acuity Brands Lighting, Inc., of Conyers, GA;
Leedarson Lighting Co., Ltd., of Xiamen, China; and
Leedarson America, Inc., of Smyrna, GA.

By instituting this investigation (337-TA-1163), 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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June 19, 2019

News Release 19-053

Inv. No(s). 337-TA-1162

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain touch-controlled mobile devices, computers, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Neodron Ltd. of Dublin, Ireland, on May 22, 2019.  An amended complaint was filed on May 23, 2019.  The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain touch-controlled mobile devices, computers, and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

Amazon,com, Inc., of Seattle, WA;
Dell Technologies Inc. of Round Rock, TX;
HP Inc. of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Microsoft Corporation of Redmond, WA;
Motorola Mobility LLC of Chicago, IL;
Samsung Electronics Co., Ltd., of Suwon, South Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1162), 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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June 4, 2019

News Release 19-045

Inv. No(s). 337-TA-1160

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Replacement Automotive Service and Collision Parts and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive service and collision parts and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Hyundai Motor America, Inc., of Fountain Valley, CA, and Hyundai Motor Company of Seoul, Republic of Korea, on May 3, 2019.  The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain replacement automotive service and collision parts and components thereof that infringe registered U.S. trademarks asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Direct Technologies International, Inc., d/b/a DTI, Inc., of North Miami Beach, FL;
AJ Auto Spare Parts FZE of Dubai, United Arab Emirates;
John Auto Spare Parts Co. LLC of Sharjah, UAE; and
Cuong Anh Co. Ltd. of Ninh Binh Province, Viet Nam.

By instituting this investigation (337-TA-1160), 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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May 23, 2019

News Release 19-040

Inv. No(s). 337-TA-1158

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Software Components

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers, broadband gateways, and related hardware and software components.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Rovi Corporation and Rovi Guides, Inc., both of San Jose, CA, on April 26, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital video receivers, broadband gateways, and related hardware and software components that infringe patents asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

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

Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC, of Philadelphia, PA;
Comcast Cable Communications Management, LLC, of Philadelphia, PA; and
Comcast Holdings Corporation of Philadelphia, PA.

By instituting this investigation (337-TA-1158), 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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May 13, 2019

News Release 19-038

Inv. No(s). 337-TA-1156

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain LED Packages Containing PFS Phosphor and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LED packages containing PFS phosphor and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Current Lighting Solutions, LLC, of East Cleveland, OH; General Electric Co. of Boston, MA; and Consumer Lighting (U.S.), LLC, d/b/a GE Lighting, of East Cleveland, OH, on April 11, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain LED packages containing PFS phosphor and products containing same that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

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

Cree, Inc., of Durham, NC;
Cree Hong Kong Ltd. of Hong Kong; and
Cree Huizhou Solid State Lighting Co. Ltd. of Guangdong, China.

By instituting this investigation (337-TA-1156), 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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May 10, 2019

News Release 19-037

Inv. No(s). 337-TA-1155

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Luxury Vinyl Tile and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain luxury vinyl tile and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Mohawk Industries, Inc., of Calhoun, GA; Flooring Industries Ltd. Sarl of Bertrange, Luxembourg; and IVC US Inc. of Dalton, GA, on March 25, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain luxury vinyl tile and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a general exclusion order and cease and desist orders.

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

ABK Trading Corp. of Katy, TX;
Anhui Hanhua Building Materials Co., Ltd., of Anhui, China;
Aspecta North America, LLC, of Norwalk, CT;
Aurora Flooring LLC of Kennesaw, GA;
Benchwick Construction Products Ltd. of Jiangsu, China;
Changzhou Jinuo Decorative Material Co., Ltd., of Jiangsu, China;
Changzhou Marco Merit International Solutions Co. of Jiangsu, China;
Changzhou Runchang Wood Co., Ltd., of Jiangsu, China;
Christina & Son Inc. of Temple City, CA;
Chungstine Inc. d/b/a Expert Hardwood Flooring of Ontario, CA;
Davati Group LLC of Austin, TX;
DeSoto Sales, Inc. of Canoga Park, CA;
Global Wood Inc. of Walnut, CA;
Go-Higher Trading (Jiangsu) Co., Ltd., of Jiangsu, China;
Golden Tree Import & Export Inc. of Temple City, CA;
Halstead New England Corp. of Norwalk, CT;
Hangzhou Kingdom Import & Export Trading Co. Ltd. of Hangzhou, China;
IN.id Corp. of Diamond Bar, CA;
JC Int’l Trading, Inc., of City of Industry, CA;
Jiangsu Divine Building Technology Development Co. Ltd. of Jiangsu, China;
Jiangsu Lejia Plastic Co. Ltd. of Jiangsu, China;
JiangSu Licheer Wood Co., Ltd., of Jiangsu, China;
JiangSu TongSheng Decorative Materials Co., Ltd., of Jiangsu, China;
Jkgy Inc. d/b/a Nextar Trading of City of Industry, CA;
KJ Carpet Wholesale, Inc., of Pomona, CA;
Maxwell Flooring Distribution LLC of Houston, TX;
Metroflor Corp. of Norwalk, CT;
Mountain High Corp. of El Monte, CA;
Mr. Hardwood Inc. of Acworth, GA;
National Coverings, LLC, of Ft. Lauderdale, FL;
Nextar Wholesale of City of Industry, CA;
Northann Distribution Center Inc. of Sacramento, CA;
Pentamax Inc. of Compton, CA;
RBT Industries LLC d/b/a Hardwood Bargains of Austin, TX;
RC Vinyl Inc. of City of Industry, CA;
Royal Family Inc. of Temple City, CA;
Sam Houston Hardwood Inc. of Houston, TX;
Zhejiang Changxing Senda Bamboo and Wood Products Co. Ltd of Zhejiang, China;
Zhangjiagang Elegant Home-Tech Co. Ltd. of Jiangsu, China;
Zhangjiagang Elegant Plastics Co. Ltd. of Jiangsu, China;
Zhangjiagant Yihua Plastics Co., Ltd., of Jiangsu, China;
Zhangjiagang Yihua Rundong New Material Co. Ltd. of Jiangsu, China;
Zhejiean Kimay Building Material Technology Co., Ltd., of Zhejiang, China;
Zhejiang Kingdom Flooring Plastic Co., Ltd., of Zhejiang, China; and
Zhejiang Walrus New Material Co., Ltd., of Zhejiang, China.

By instituting this investigation (337-TA-1155), 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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March 21, 2019

News Release 18-015

Inv. No(s). 337-TA-1149

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, integrated circuits, and consumer products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Innovative Foundry Technologies LLC of Portsmouth, NH, on February 15, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, integrated circuits, and consumer products containing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

BBK Communication Technology Co., Ltd., of Dongguan, Guangdong, China;
Vivo Mobile Communication Co., Ltd., of Dongguan, Guangdong, China;
OnePlus Technology (Shenzhen) Co., Ltd., of Shenzhen, Guangdong, China;
Guangdong OPPO Mobile Telecommunications Co., Ltd., of Dongguan, Guangdong, China;
Hisense Electric Co., Ltd., of Qingdao, China;
Hisense USA Corporation of Suwanee, GA;
Hisense USA Multimedia R & D Center Inc. of Suwanee, GA;
TCL Corporation of Huizhou City, Guangdong, China;
TCL Communication, Inc., of Irvine, CA;
TTE Technology, Inc. (d/b/a TCL America) of Wilmington, DE;
TCT Mobile (US) Inc. of Irvine, CA;
VIZIO, Inc., of Irvine, CA;
MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Mstar Semiconductor, Inc., of Hsinchu Hsien, Taiwan;
Qualcomm Incorporated of San Diego, CA;
Qualcomm Technologies, Inc., of San Diego, CA;
Taiwan Semiconductor Manufacturing Company Limited of Hsinchu City, Taiwan;
TSMC North America of San Jose, CA; and
TSMC Technology, Inc., of San Jose, CA.

By instituting this investigation (337-TA-1149), 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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March 11, 2019

News Release 19-011

Inv. No(s). 337-TA-1148

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Integrated Circuits and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Tela Innovations, Inc., of Los Gatos, CA, on December 19, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits and products containing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

Acer, Inc., of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
AsusTek Computer Inc. of Taipai, Taiwan;
Asus Computer International of Fremont, CA;
Intel Corporation of Santa Clara, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Micro-Star International Co., Ltd., of New Taipei City, Taiwan; and
MSI Computer Corp. of City of Industry, CA.

By instituting this investigation (337-TA-1148), 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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