ITC Institutes Patent Investigation on Certain Power Supplies
The International Trade Commission has instituted a section 337 patent-based investigation of certain power supplies pursuant to a complaint.
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(The products at issue in this investigation are power supplies for desktop computers.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Ultra Products, Inc. of Fletcher, Ohio and Systemax Inc. of Port Washington, New York, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain power supplies that infringe certain claims of U.S. Patent No. 7,133,293.
The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
Aerocool Advanced Technologies Corporation of Taiwan;
Langears, Inc., d/b/a Aerocool US of Fremont, CA;
Andyson International Co., Ltd., of Taiwan;
Atng Power Co., Ltd., a/k/a I Horng Power Co., Ltd., of Taiwan;
Coolmax Technology Inc. of Taiwan;
Enermax Technology Corporation of Taiwan;
Enermax USA Corporation of City of Industry, CA;
High Performance Enterprise PLC d/b/a High Performance Group or Hiper Group of the United Kingdom;
High Performance Group Inc. d/b/a High Performance Group or Hiper Group of San Mateo, CA;
KWI Technology Inc. d/b/a Kingwin of City of Industry, CA;
San Hawk Technic Co., Ltd. a/k/a Sky Hawk Group of Taiwan;
Eagle Technology Inc. a/k/a Sky Hawk USA or Eagle Tech of City of Industry, CA;
Sunbeam Company of Taiwan; and
Sunbeamtech, Inc., of Hacienda Heights, CA.
ALJ to Determine if Violation Occurred
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 - Thomas Fusco (202) 205-2571
ITC notice (Inv. No. 337-TA-646, FR Pub 05/08/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-10175.pdf
ITC press release (08-041, dated 05/05/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0505ff1.htm