September 18, 2012
News Release 12-098
Inv. No. 337-TA-854
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN TWO-WAY GLOBAL SATELLITE COMMUNICATION DEVICES, SYSTEM
AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain two-way global satellite communication devices, system and components thereof. The products at issue in this investigation are two-way satellite devices and systems that may be used to provide routine communications, tracking, emergency, and alerting functions for individuals anywhere in the world.
The investigation is based on a complaint filed by BriarTek IP, Inc., of Alexandria, VA, on August 17, 2012 and supplemented on September 6, 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 two-way global satellite communication devices, system, and components thereof that infringe a patent asserted by BriarTek IP. 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:
DeLorme Publishing Company, Inc. of Yarmouth, ME;
DeLorme InReach LLC of Yarmouth, ME; and
Yellowbrick Tracking Ltd. of the United Kingdom.
By instituting this investigation (337-TA-854), 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.