ITC Blog: ITC 337 Update

On January 13, 2012 the ITC voted to institute an investigation of certain portable communication devices.  The products at issue in this investigation are cellular phones, tablet computers, and other such devices. The investigation is based on an amended complaint filed by Digitude Innovations, LLC, of Alexandria, VA, on December 16, 2011.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable communication devices that infringe patents asserted by Digitude Innovations.  The complainant requests that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation: Research in Motion Ltd. of Canada; Research in Motion Corp. of Irving, TX; HTC Corporation of Taiwan; HTC America, Inc., of Bellevue, WA; LG Electronics, Inc., of South Korea; LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ; LG Electronics MobileComm U.S.A., Inc., of San Diego, CA; Motorola Mobility Holdings, Inc., of Libertyville, IL; Samsung Electronics Co., Ltd., of South Korea; Samsung Electronics America, Inc., of Ridgefield Park, NJ; Samsung Telecommunications America, LLC, of Richardson, TX; Sony Corporation of Japan; Sony Corporation of America of New York, NY; Sony Electroincs, Inc., of San Diego, CA; Sony Ericsson Mobile Communications AB of Sweden; Sony Ericsson Mobile Communications (USA) Inc. of Research Triangle Park, NC; Amazon.com, Inc., of Seattle, WA; Nokia Corporation of Finland; Nokia Inc. of Irving, TX; Pantech & Curitel Communication, Inc. of South Korea; and Pantech Wireless Inc. of Atlanta, GA.

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On January 13, 2012 the ITC voted to institute an investigation of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same.  The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace. The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL, and TS Investment Holding Corp. of Miami, FL, on December 13, 2011.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract.  The complainants request that the ITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.  The USITC has identified the following as respondents in this investigation: Shenzhen Reliap Industrial Co. of China; Yue Qiu Sheng (aka Jason Yue) of China; and Whalen Furniture Manufacturing Inc. of San Diego, CA.

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On January 10, 2012, a complaint was filed on behalf of Eastman Kodak Company against proposed respondents that include Apple, HTC and Exedea.  The complaint alleges the unfair and unlawful importation of electronic devices that capture and transmit images, including smartphones, handheld tablets and video phones, that allegedly infringe Kodak’s U.S. Patent Nos. 7,210,161, 7,742,084, 7,453,605, 7,936,391, and 6,292,218. Kodak seeks a permanent exclusion order and a cease and desists order.

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On January 9, 2012, the Commission voted to institute an investigation of certain silicon microphone packages and products containing same. The products at issue in this investigation are silicon microphone packages.  The investigation is based on a complaint filed by Knowles Electronics, LLC, of Itasca, IL, on December 7, 2011.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain silicon microphone packages and products containing same that infringe patents asserted by Knowles Electronics.  The complainant requests that the ITC issue an exclusion order and a cease and desist order.  The ITC has identified the following as respondents in this investigation: Analog Devices Inc. of Norwood, MA; Amkor Technology, Inc., of Chandler, AZ; and
Avnet Inc. of Phoenix, AZ.

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