The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motion-sensitive sound effects devices and image display devices and components and products containing same. The products at issue in this investigation include various types of electronic devices, such as cellular phones, computers, toys, and video games.

The investigation is based on a complaint filed by Ogma, LLC, of Longview, TX, on June 13, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain motion-sensitive sound effects devices and image display devices and components and products containing same that infringe patents asserted by Ogma. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

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

3M Company of St. Paul, MN;
Bensussen Deutsch & Associates, Inc., of Woodinville, WA;
Casio America, Inc., of Dover, NJ;
Casio Computer Co., Ltd., of Japan;
Christie Digital Systems USA, Inc., of Cypress, CA;
Eiki International, Inc., of Rancho Santa Margarita, CA;
Intec, Inc., of Miami, FL;
Mitsubishi Electric Corporation of Japan;
Mitsubishi Electric & Electronics USA, Inc., of Cypress, CA;
Optoma Corporation of Taiwan;
Optoma Technology, Inc., of Milpitas, CA;
Performance Designed Products LLC of Sherman Oaks, CA;
Planar Systems, Inc., of Beaverton, OR;
Supersonic, Inc., of Commerce, CA;
Toshiba Corporation of Japan; and
Toshiba America Information Systems, Inc., of Irvine,CA.

By instituting this investigation (337-TA-787), the USITC has not yet made any decision on the merits of the case. The investigation has been assigned to Administrative Law Judge E. James Gildea, who will schedule and hold an evidentiary hearing. The Administrative Law Judge 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.