ITC Institutes Patent Investigation on Certain Silicon Microphone Packages and Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain silicon microphone packages and products pursuant to a complaint.
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(The products at issue in this investigation are microphones used in a variety of applications, particularly cellular telephones.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Knowles Electronic LLC of Itasca, Illinois, 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 silicon microphone packages and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,781,231 and U.S. Patent No. 7,242,089.
The complainant requests that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Analog Devices Inc. Alleged to Be in Violation of Section 337
The ITC has identified Analog Devices Inc. of Norwood, Ma as alleged to be in violation of section 337 in this investigation.
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 - Mareesa Frederick (202) 205-2055
ITC notice (Inv. No. 337-TA-695, FR Pub 12/22/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-30334.pdf
ITC press release (No. 09-105, dated 12/17/09) available at http://www.usitc.gov/press_room/news_release/2009/er1217gg1.htm