ITC Issues Limited Exclusion Order for Certain Display Controllers and Products Containing Same, Etc
The International Trade Comission (ITC) has issued a limited exclusion order in its section 337 consolidated investigation of certain display controllers and products containing same and certain display controllers with upscaling functionality and products containing same. The ITC has also announced that these consolidated investigations are terminated.
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(In May 2004, the ITC consolidated Inv. No. 337-TA-481, which was instituted in October 2002, and Inv. No. 337-TA-491 which was instituted in April 2003.)
ITC Finds Certain Violations of U.S. Patent by Three Respondents
The ITC states that having reviewed the record in this consolidated investigation, it has determined that there are violations of section 337 with respect to certain claims of Genesis Microchip (Delaware) Inc.'s U.S. Patent 5,739,867 by the following respondents: (1) MStar Semiconductor, Inc. (MStar), (2) Media Reality Technologies, Inc. (MRT), and (3) Trumpion Microelectronics, Inc. (Trumpion).
The ITC notes that it previously found that there is no violation of section 337 by any respondent with respect to U.S. Patent No. 6,078,361.
ITC Issues Limited Exclusion Order for Three Respondents
The ITC has determined that a limited exclusion order prohibiting the importation of the accused display controllers, as well as circuit boards, and LCD monitors (exclusive of television monitors) containing the same, directed to respondents MRT, Trumpion, and MStar is the appropriate form of relief.
Bond Amount During Presidential Review Period is $1.00 Per Covered Product
According to the ITC, the bond during the 60-day Presidential review period shall be in the amount of $1.00 per covered product
(U.S. government sources have previously stated that in accordance with 19 CFR 12.39(b)(3), if the President accepts this exclusion order (which is expected), importers or consignees of infringing articles entered under bond during the Presidential review period would be required to export or destroy such articles under CBP supervision within 30 days after being notified to do so by the applicable port director or face liquidated damages in the full amount of the bond.)
ITC Explanation of Limited Exclusion Orders
In a FAQ regarding Section 337 investigations, the ITC has previously explained that a limited exclusion order directs U.S. Customs and Border Protection (CBP) to exclude all infringing articles that originate from specified firms that were respondents in the ITC investigation.
ITC Contact - Michael Liberman (202) 205-3061
ITC Notice (Inv. No. 337-TA-491; Inv. No. 337-TA-481 (Consolidated), FR Pub 08/26/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19502.pdf