ITC Institutes Patent Investigation of Certain Panasonic, JVC, Best Buy TVs, Cameras with ICs, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation of certain integrated circuits (ICs), chipsets, and products containing the same including televisions, media players, and cameras, pursuant to a complaint (Inv. No. 337-TA-709).
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Exclusion and Cease & Desist Orders Requested
The investigation, based on a complaint filed by Freescale Semiconductor, Inc., of Austin, TX, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain integrated circuits, chipsets, and products containing same including televisions, media players, and cameras that infringe patents asserted by Freescale.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
Panasonic, Best Buy, Walmart, Etc. 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:
- Panasonic Corporation of Japan;
- Panasonic Semiconductor Discrete Devices Co. Ltd. of Japan;
- Panasonic Corporation of North America of Secaucus, NJ;
- Funai Electric Co., Ltd., of Japan;
- Funai Corporation, Inc., of Rutherford, NJ;
- JVC Kenwood Holdings, Inc., of Japan;
- Victor Company of Japan Limited of Japan;
- JVC Americas Corp. of Wayne, NJ;
- Best Buy Co., Inc., of Richfield, MN;
- B & H Foto & Electronics Corp of New York, NY;
- Huppin's Hi-Fi Photo & Video, Inc., of Spokane, WA;
- Buy.com Inc. of Aliso Viejo, CA;
- Liberty Media Corporation of Englewood, CO;
- QVC, Inc., of West Chester, PA;
- Crutchfield Corporation of Charlottesville, VA;
- Wal-Mart Stores, Inc., of Bentonville, AR; and
- Computer Nerds International, Inc., of Miami, FL.
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. 10-028, dated 03/29/10) available at http://www.usitc.gov/press_room/news_release/2010/er0329hh2.htm