The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain graphics processors and products containing the same. The products at issue in the investigation include discrete GPUs, virtual GPUs, processors, graphics cards, motherboards, artificial intelligence modules/platforms, virtual desktops, virtual workstations, desktops, notebooks, laptops, all-in-ones, computer tablets, mobile workstations, PC gaming systems, gaming consoles, streaming media players, and data centers.
The investigation is based on a complaint filed by ZiiLabs Inc., Ltd., of Hamilton, Bermuda, on December 29, 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 graphics processors and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
EVGA Corporation of Brea, CA;
Gigabyte Technology Co., Ltd., of New Taipei City, Taiwan;
G.B.T. Inc. of City of Industry, CA;
Micro-Star International Co., Ltd., of New Taipei City, Taiwan;
MSI Computer Corp. of City of Industry, CA;
Nintendo Co., Ltd., of Kyoto, Japan;
Nintendo of America Inc. of Redmond, WA;
Nvidia Corporation of Santa Clara, CA;
PNY Technologies Inc. of Parsippany, NJ;
Zotac International (MCO) Ltd. of Macau, Macau; and
Zotac USA, Inc., of Duarte, CA.
By instituting this investigation (337-TA-1099), 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.