ITC Institutes Patent Investigation on Certain Samsung Handheld Wireless Communication Devices, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation of certain electronic devices, including handheld wireless communications devices pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The products at issue in this investigation are handheld devices such as smart phones, cellular telephones, and television remote controls.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Saxon Innovations, LLC of Tyler, Texas, 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 electronic devices, including handheld wireless communications devices, that infringe certain claims of U.S. Patent Nos. 5,235,635; 5,530,597; and 5,608,873.
The complainant requests that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Certain Samsung Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Samsung Electronics Co., Ltd., of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Telecommunications America, LLP, of Richardson, TX.
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 - Lisa Murray (202) 205-2734
ITC notice (Inv. No. 337-TA-673, FR Pub 03/31/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-7074.pdf
ITC press release (No. 09-025, dated 03/25/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0325gg2.htm