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USITC Institutes Section 337 Investigation of Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing the Same

September 24, 2014
News Release 14-096
Inv. No. 337-TA-931
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic storage tapes and cartridges containing the same. The products at issue in this investigation are magnetic tapes used in archival or long-term data storage.

The investigation is based on a complaint filed by Advanced Research Corporation of White Bear Lake, MN, on August 22, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain magnetic storage tapes and cartridges containing the same that infringe patents asserted by the complainant. 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:

    International Business Machines Corp. of Armonk, NY;
    Fujifilm Holdings Corporation of Tokyo, Japan;
    Fujifilm Corporation of Tokyo, Japan; and
    Oracle Corporation of Redwood Shores, CA.

By instituting this investigation (337-TA-931), 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 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.

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