July 13, 2009
News Release 09-052
Inv. No. 337-TA-680
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN MACHINE VISION SOFTWARE, MACHINE VISION SYSTEMS,
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain machine vision software, machine vision systems, and products containing same. The products at issue in this investigation are used in the semiconductor, automotive, pharmaceutical, and other industries for the automated inspection of manufacturing processes.
The investigation is based on a complaint filed by Cognex Corporation of Natick, MA, and Cognex Technology & Investment Corporation of Mountain View, CA, on May 28, 2009. An amended complaint was filed on June 26, 2009. 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 machine vision software, machine vision systems, and products containing same that infringe patents asserted by Cognex. 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:
MVTec Software GmbH of Germany;
MVTec LLC of Cambridge, MA;
E. Zoller GmbH & Co. KG of Germany;
Zoller Inc. of Ann Arbor, MI;
Fuji Machine Manufacturing Co., Ltd., of Japan;
Fuji America Corporation of Vernon Hills, IL;
Omron Corporation of Japan;
Resolution Technology, Inc. of Dublin, OH;
Subtechnique, Inc. of Alexandria, VA;
Visics Corp. of Wellesley, MA;
Daiichi Jitsugyo Viswill Co., Ltd. of Japan;
Daiichi Jitsugyo (America), Inc. of Wood Dale, IL;
Techno Soft Systemnics, Inc. of Japan;
IDS Imaging Development Systems GmbH of Germany;
IDS Imaging Development Systems, Inc. of Woburn, MA;
YXLON International GmbH of Germany;
YXLON International, Inc. of Mogadore, OH;
Rasco GmbH of Germany;
Delta Design, Inc. of Poway, CA;
Multitest Elektronische Systeme GmbH of Germany; and
Multitest Electronic Systems, Inc. of Santa Clara, CA.
By instituting this investigation (337-TA-680), 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.