April 27, 2012
News Release 12-047
Inv. No. 337-TA-841
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN COMPUTER AND COMPUTER PERIPHERAL DEVICES
AND COMPONENTS THEREOF AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computer and computer peripheral devices and components thereof and products containing same. The products at issue in this investigation are laptop and desktop computers and computer peripheral devices such as media card readers and printers.
The investigation is based on a complaint filed by Technology Properties Limited, LLC, of Cupertino, CA, on March 27, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computers and computer peripheral devices and components thereof and products containing same that infringe patents asserted by Technology Properties Limited LLC. 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:
Acer, Inc., of Taiwan;
Brother Industries, Ltd., of Japan;
Canon Inc. of Japan;
Dane-Elec Memory of France;
Dell Inc. of Round Rock, TX;
Falcon Northwest Computer Systems, Inc., of Medford, OR;
Fujitsu Limited of Japan;
Jasco Products Company of Oklahoma City, OK;
Hewlett-Packard Company of Palo Alto, CA;
HiTi Digital, Inc., of Taiwan;
Kingston Technology Company, Inc., of Fountain Valley, CA;
Micron Technology, Inc., of Boise, ID;
Lexar Media, Inc., of Fremont, CA;
Microdia Limited of San Jose, CA;
Newegg Inc. of City of Industry, CA;
Rosewill Inc. of City of Industry, CA;
Sabrent of Chatsworth, CA;
Samsung Electronics Co., Ltd., of Korea;
Seiko Epson Corporation of Japan;
Shuttle Inc. of Taiwan; and
Systemax Inc. of Port Washington, NY.
By instituting this investigation (337-TA-841), 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.