The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain infotainment systems, components thereof, and automobiles containing the same. The products at issue in the investigation are head units, rear seat entertainment units, units for displaying information or entertainment, and cameras, controllers, processing components, modules, chips, GNSS processing devices, and circuits used therein or therewith, along with the automobiles that contain such infotainment systems and components.
The investigation is based on a complaint filed by Broadcom Corporation of San Jose, CA, on May 7, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain infotainment systems, components thereof, and automobiles 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:
Toyota Motor Corporation of Toyota City, Aichi Prefecture, Japan;
Toyota Motor North America, Inc., of Plano, TX;
Toyota Motor Sales, U.S.A., Inc., of Plano, TX;
Toyota Motor Engineering & Manufacturing North America, Inc., of Plano, TX;
Toyota Motor Manufacturing, Indiana, Inc., of Princeton, IN;
Toyota Motor Manufacturing, Kentucky, Inc., of Erlanger, KY;
Toyota Motor Manufacturing, Mississippi, Inc., of Tupelo, MS;
Toyota Motor Manufacturing, Texas, Inc., of San Antonio, TX;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Newark, NJ;
Denso Ten Limited of Kobe City, Japan;
Denso Ten America Limited of Torrance, CA;
Renesas Electronics Corporation of Tokyo, Japan;
Renesas Electronics America, Inc., of Milpitas, CA; and
Japan Radio Co., Ltd., of Tokyo, Japan.
By instituting this investigation (337-TA-1119), 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.