January 25, 2013
News Release 13-014
Inv. No. 337-TA-864
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN MOBILE HANDSET DEVICES
AND RELATED TOUCH KEYBOARD SOFTWARE
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile handset devices and related touch keyboard software. The products at issue in this investigation are smartphones and associated touch keyboard software that permits a user to input information with increased speed and/or accuracy.
The investigation is based on an amended complaint filed by Nuance Communications, Inc.; Swype, Inc; Tegic Communications, Inc.; and ZI Corporation of Canada, Inc., all of Burlington, MA, on January 11, 2013. A supplement to the amended complaint was filed on January 16, 2013. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile handset devices and related touch keyboard software that infringe patents 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:
Shanghai HanXiang (Coo Tek) Information Technology Co., Ltd., of Shanghai, China; and
Personal Communications Devices, LLC, of Hauppauge, NY.
By instituting this investigation (337-TA-864), 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.