ITC Initiates Patent Investigation on Certain Silicon Microphone Packages and Products Containing Same
The International Trade Commission has issued a notice of institution of a section 337 investigation of certain silicon microphone packages and products containing same.
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Complaint Alleges Patent Violations, Requests Exclusion & Cease/Desist Orders
The complaint, as supplemented and filed on behalf of Knowles Electronics, LLC of Itasca, IL, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain silicon microphone packages and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,781,231 and 7,242,089.
The complainant requests that the ITC institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.
MEMS Technology Berhad of Malaysia Alleged to Be in Violation of Section 337
The respondent alleged to be in violation of section 337 in this investigation is MEMS Technology Berhad of Malaysia.
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 - Mareesa Frederick (202) 205-3052
ITC notice (Inv. No. 337-TA-629, FR Pub 01/14/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-413.pdf
ITC press release (08-004, dated 01/04/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0104ff3.htm