ITC Institutes Patent Investigation on Authentication Systems for "Research in Motion" BlackBerrys
The International Trade Commission has instituted a section 337 patent-based investigation of certain authentication systems, including software and handheld electronic devices, pursuant to a complaint.
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(The products at issue in this investigation are the Research in Motion Blackberry device and associated software.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Prism Technologies LLC, 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 authentication systems, including software and handheld electronic devices, by reason of infringement of certain claims of U.S. Patent No. 7,290,288.
The complainant requests that after the investigation, the ITC issue an exclusion order and a cease and desist order.
'Research In Motion' Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
- Research In Motion, Ltd. of Canada; and
- Research in Motion Corp. of Irving, 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 - Vu Bui (202) 205-2582
ITC notice (Inv. No. 337-TA-697, FR Pub 01/05/10) available at http://edocket.access.gpo.gov/2010/pdf/E9-31246.pdf
ITC press release (No. 09-110, dated 12/30/09) available at http://www.usitc.gov/press_room/news_release/2009/er1230gg3.htm