USITC Institutes Section 337 Investigation Of Certain Graphics Processing Chips, Systems On A Chip, And Products Containing The Same

December 23, 2014
News Release 14-129
Inv. No(s). 337-TA-941
Contact: Peg O'Laughlin, 202-205-1819 The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain graphics processing chips, systems on a chip, and products containing the same. The products at issue in this investigation are certain graphics processing chips, systems on a chip, graphics carts, computing boards, graphics boards, accelerator cards and modules, and processor modules and products containing the same.

The investigation is based on a complaint filed by Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea, and Samsung Austin Semiconductor, LLC, of Austin, TX, on November 21, 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 graphics processing chips, systems on a chip, and products containing the same that infringe patents asserted by Samsung. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

NVIDIA Corporation of Santa Clara, CA;

Biostar Microtech International Corp. of Hsin Tien District, New Taipei, Taiwan;

Biostar Microtech (U.S.A.) Corp. of City of Industry, CA;

Elitegroup Computer Systems Co. Ltd. of Taipei, Taiwan;

Elitegroup Computer Systems, Inc., of Newark, CA;

EVGA Corp. of Brea, CA;

Fuhu, Inc., of El Segundo, CA;

Jaton Corp. of Fremont, CA;

Mad Catz, Inc., of San Diego, CA;

OUYA, Inc., of Santa Monica, CA;

Sparkle Computer Co., Ltd., of New Taipei City, Taiwan;

Toradex, Inc., of Seattle, WA;

Wikipad, Inc., of Westlake Village, CA;

ZOTAC International (MCO) Ltd. of New Territories, Hong Kong; and

ZOTAC USA, Inc., of Chino, CA.

By instituting this investigation (337-TA-941), 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.