U.S. and Taiwan (2009)

United States International Trade Commission

January 15, 2009
News Release 09-105
Inv. No. 337-TA-667
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN ELECTRONIC DEVICES, INCLUDING HANDHELD WIRELESS COMMUNICATIONS DEVICES

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain electronic devices, including handheld wireless communications devices. The products at issue in this investigation are handheld devices such as smart phones, cellular telephones, and television remote controls.

The investigation is based on a complaint filed by Saxon Innovations, LLC of Tyler, Texas, on December 19, 2008. A letter supplementing the complaint was filed on January 9, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including handheld wireless communications devices that infringe patents owned by Saxon Innovations. The complainants requests that the ITC issue an exclusion order and cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Nokia Corp., of Finland;
Nokia, Inc., of Irving, Texas;
Research In Motion Ltd. of Canada;
Research In Motion Corp. of Irving, Texas;
High Tech Computer Corp. of Taiwan;
HTC America, Inc., of Bellevue, Washington;
Palm, Inc., of Sunnyvale, California;
Panasonic Corporation of Japan;
AVC Networks Company of Japan;
Panasonic Corporation of North America of Secaucus, New Jersey; and
Panasonic Consumer Electronics Company of Secaucus, New Jersey.

By instituting this investigation (337-TA-667), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's six 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.