ITC Initiates Patent Investigation on Certain Computer Systems, Printers and Scanners
The International Trade Commission has issued a notice of institution of a section 337 investigation of certain computer systems, printers, and scanners.
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Complaint Alleges Patent Violations, Requests Exclusion & Cease/Desist Orders
The complaint, filed on behalf of Acer Incorporated of Taiwan, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain computer systems, printers and scanners by reason of infringement of certain claims of U.S. Patent Nos. 5,214,761 and 5,581,122.
The respondent alleged to be in violation of section 337 is Hewlett-Packard Company of Palo Alto, CA.
The complainant requests that the ITC institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.
Determination of Violation to be Made by ALJ, Reviewed by ITC
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(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.)
ITC contact - Jeffrey Hsu (202) 205-2579
ITC notice (Inv. No. 337-TA-618, FR Pub 12/03/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-23355.pdf
ITC press release (07-118, dated 11/28/07) available at http://www.usitc.gov/ext_relations/news_release/2007/er1128ee1.htm