The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video-capable devices and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Koninklijke Philips N.V. of Eindhoven, The Netherlands, and Philips North America LLC of Cambridge, MA, on September 18, 2020. The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital video-capable devices and components thereof 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:
Dell Technologies Inc., of Round Rock, TX;
Dell Inc.. of Round Rock, TX;
Hisense Co. Ltd., of Qingdao, Shandong Province, China;
Hisense Visual Technology Co., Ltd. (f/k/a Qingdao Hisense Electric Co., Ltd.), of Qingdao, Shandong Province, China;
Hisense Electronics Manufacturing Company of America Corporation, of Suwanee, GA;
Hisense USA Corporation, of Suwanee, GA;
Hisense Import & Export Co. Ltd., of Qingdao, Shandong Province, China;
Hisense International Co., Ltd., of Qingdao, Shandong Province, China;
Hisense International (HK) Co., Ltd., of Sheung Wan, Hong Kong;
Hisense International (Hong Kong) America Investment Co., Ltd., of Sheung Wan, Hong Kong;
HP, Inc., of Palo Alto, CA;
Lenovo Group Ltd., of Quarry Bay, Hong Kong;
Lenovo (United States), Inc., of Morrisville, NC;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ;
TCL Industries Holdings Co., Ltd., of Shenzhen, Guangdong, China;
TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia Technology Holdings Ltd.), of Hong Kong;
TCL King Electrical Appliances (Huizhou) Co. Ltd., of Huizhou, China;
TTE Technology, Inc., of Corona, CA;
TCL Moka International Ltd., of Sha Tin, Hong Kong;
TCL Moka Manufacturing S.A. de C.V., of Tijuana, B.C., Mexico;
TCL Smart Device (Vietnam) Company Ltd., of Binh Duong Province, Vietnam;
MediaTek Inc., of Hsinchu, Taiwan;
MediaTek USA Inc., of San Jose, CA;
Realtek Semiconductor Corp., of Hsinchu, Taiwan; and
Intel Corporation, of Santa Clara, CA.
By instituting this investigation (337-TA-1224), 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.