The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic data storage tapes and cartridges containing the same (II). The products at issue in the investigation are LTO Ultrium magnetic tape media for data storage and tape cartridges, and include the following products identified in the complaint: LTO Ultrium 4 Data Cartridge (Model No. LTX800G), LTO Ultrium 5 Data Cartridge (Model No. LTX 1500G), LTO Ultrium 6 Data Cartridge (Model No. LTX2500G), LTO-4 Library Pack (Model No. 20LTX800G), LTO-5 Library Pack (Model No. 20LTX1500GL), and LTO-6 Library Pack (Model No. 20LTX2500GL), and any similar LTO 4th generation products, LTO 5th generation products, and LTO 6th generation products.
The investigation is based on a complaint filed by Fujifilm Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc., of Bedford, MA, on September 19, 2017. A supplement to the complaint was filed on October 6, 2017. 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 data storage tapes and cartridges containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Sony Corporation of Tokyo, Japan;
Sony Storage Media Solutions Corporation of Tokyo, Japan;
Sony Storage Media Manufacturing Corporation of Miyagi, Japan;
Sony DADC US Inc. of Terre Haute, IN; and
Sony Latin America Inc. of Miami, FL.
By instituting this investigation (337-TA-1076), 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.