ITC Institutes Patent Investigation on Certain Machine Vision Software, Systems, and Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain machine vision software, machine vision systems, and products containing same pursuant to a complaint.
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(The products at issue in this investigation are used in the semiconductor, automotive, pharmaceutical, and other industries for the automated inspection of manufacturing processes.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Cognex Corporation of Natick, Massachusetts and Cognex Technology & Investment Corporation of Mountain View, California, 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 machine vision software, machine vision systems, and products containing same that infringe certain claims of U.S. Patent Nos. 7,016,539; 7,065,262; and 6,959,112.
The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
MVTec Software GmbH of Germany;
MVTec LLC of Cambridge, MA;
E. Zoller GmbH & Co. KG of Germany;
Zoller Inc. of Ann Arbor, MI;
Fuji Machine Manufacturing Co., Ltd., of Japan;
Fuji America Corporation of Vernon Hills, IL;
Omron Corporation of Japan;
Resolution Technology, Inc. of Dublin, OH;
Subtechnique, Inc. of Alexandria, VA;
Visics Corp. of Wellesley, MA;
Daiichi Jitsugyo Viswill Co., Ltd. of Japan;
Daiichi Jitsugyo (America), Inc. of Wood Dale, IL;
Techno Soft Systemnics, Inc. of Japan;
IDS Imaging Development Systems GmbH of Germany;
IDS Imaging Development Systems, Inc. of Woburn, MA;
YXLON International GmbH of Germany;
YXLON International, Inc. of Mogadore, OH;
Rasco GmbH of Germany;
Delta Design, Inc. of Poway, CA;
Multitest Elektronische Systeme GmbH of Germany; and
Multitest Electronic Systems, Inc. of Santa Clara, 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 - Kevin Baer (202) 205-2221
ITC notice (Inv. No. 337-TA-680, FR Pub 07/16/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-16901.pdf
ITC press release (No. 09-052, dated 07/13/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0713gg1.htm