June 12, 2013
News Release 13-052
Inv. No. 337-TA-882
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN DIGITAL MEDIA DEVICES, INCLUDING TELEVISIONS,
BLU-RAY DISC PLAYERS, HOME THEATER SYSTEMS, TABLETS, AND MOBILE
PHONES, COMPONENTS THEREOF, AND ASSOCIATED SOFTWARE
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital media devices, including televisions, blu-ray disc players, home theater systems, tablets, and mobile phones, components thereof, and associated software. The products at issue in this investigation are digital media devices having features related to the sharing of media across devices.
The investigation is based on a complaint filed by Black Hills Media, LLC, of Wilmington, DE, on May 13, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital media devices, including televisions, blu-ray disc players, home theater systems, tablets, and mobile phones, components thereof, and associated software that infringe patents asserted by Black Hills Media. 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:
Samsung Electronics Co. Ltd. of Seoul, South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Telecommunications America, LLC, of Richardson, TX;
LG Electronics, Inc., of Seoul, South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Toshiba Corporation of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
Sharp Corporation of Osaka, Japan; and
Sharp Electronics Corporation of Mahwah, NJ.
By instituting this investigation (337-TA-882), 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.