ITC Institutes Patent Investigation of LCD Modules Brought by Sharp Against Samsung
The International Trade Commission has instituted a section 337 patent-based investigation of certain liquid crystal display modules and products containing the same, and methods for making the same 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 liquid crystal display modules for products such as LCD televisions.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Sharp Corporation of Osaka, Japan, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain liquid crystal display modules and products containing the same that infringe patents asserted by Sharp.
The complainant requests that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Three 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 in this investigation:
- Samsung Electronics Co., Ltd, of Korea;
- Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
- Samsung Semiconductor, Inc., of San Jose, 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 press release (No. 10-009, dated 02/04/10) available at http://www.usitc.gov/press_room/news_release/2010/er0204hh1.htm