ITC Institutes Patent Investigation on Certain Peripheral Devices, Components and Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain peripheral devices and components thereof and products containing the same pursuant to a complaint.
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(The products at issue in this investigation are peripheral devices, which are typically connected to, or in communication with, a computer. Such devices include keyboards and computer mice.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Microsoft Corporation of Redmond, Washington, 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 peripheral devices and components thereof and products containing the same that infringe certain claims of U.S. Patent Nos. 6,460,094; 6,795,949; 5,414,445; 7,199,785; 7,187,358; 7,068,257; and 6,531,692.
The complainant requests that after the investigation, the ITC issue an exclusion order and cease and desist order.
Respondent Alleged to Be in Violation of Section 337
The ITC has identified Primax Electronics Ltd. of Taiwan as the respondent alleged to be in violation of section 337.
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 - Stephen Smith (202) 205-2746
ITC notice (Inv. No. 337-TA-654, FR Pub 09/03/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20337.pdf
ITC press release (08-082, dated 08/28/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0828ff1.htm