November 28, 2007
News Release 07-118
Inv. No. 337-TA-618
Contact: Peg O'Laughlin, 202-205-1819
ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN COMPUTER SYSTEMS, PRINTERS, AND SCANNERS
The U.S. International Trade Commission (ITC or Commission) has voted to institute an investigation of certain computer systems, printers, and scanners. The products at issue in this investigation are computer systems, printers, and scanners that use small software programs called device drivers to interface with peripheral devices or that contain certain types of semiconductor packages.
The investigation is based on a complaint filed by Acer Incorporated of Taipei, Taiwan, on October 30, 2007, and supplements filed on November 13, 2007, and November 16, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain computer systems, printers, and scanners that are alleged to infringe patents owned by Acer. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.
The ITC has identified Hewlett-Packard Company of Palo Alto, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-618), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.