August 21, 2012
News Release 12-092
Inv. No. 337-TA-853
August 21, 2012
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN WIRELESS CONSUMER ELECTRONICS DEVICES
AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless consumer electronics devices and components thereof. The products at issue in this investigation are consumer electronic devices with wireless capabilities, such as electronic tablets, smartphones, e-readers, mobile hotspots, broadband wireless modems, and handheld game consoles.
The investigation is based on a complaint filed by Technology Properties Limited LLC and Phoenix Digital Solutions LLC of Cupertino, CA, and Patriot Scientific Corporation of Carlsbad, CA, on July 24, 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 wireless consumer electronics devices and components thereof that infringe a patent asserted by the complainants. 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:
Acer Inc. of Taiwan;
Acer America Corporation of San Jose, CA;
Amazon.com, Inc., of Seattle, WA;
Barnes & Noble, Inc., of New York, NY;
Garmin Ltd. of Switzerland;
Garmin International, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS;
HTC Corporation of Taiwan;
HTC America of Bellvue, WA;
Huawei Technologies Co., Ltd., of China;
Huawei North America of Plano, TX;
Kyocera Corporation of Japan;
Kyocera Communications, Inc., of San Diego, CA;
LG Electronics, Inc., of the Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Nintendo Co., Ltd., of Japan;
Nintendo of America, Inc., of Redmond, WA;
Novatel Wireless, Inc., of San Diego, CA;
Samsung Electronics Co., Ltd., of the Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Sierra Wireless, Inc., of Canada;
Sierra Wireless America, Inc., of Carlsbad, CA;
ZTE Corporation of China; and
ZTE (USA) Inc. of Richardson, TX.
By instituting this investigation (337-TA-853), 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.