April 2, 2012
News Release 12-031
Inv. No. 337-TA-834
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN MOBILE DEVICES INCORPORATING HAPTICS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics. The products at issue in this investigation are smartphones with a feature that signals the user when a key or icon has been touched, for example by vibrating or pulsing in response to the touch.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 7, 2012. An amended complaint was filed on March 2, 2012 and a letter supplementing the complaint was filed on March 15, 2012. 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 mobile devices incorporating haptics that infringe patents asserted by Immersion Corporation. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Motorola Mobility, Inc., of Libertyville, IL;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
HTC Corporation of Taiwan; and
HTC America, Inc., of Bellevue, WA
By instituting this investigation (337-TA-834), 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.