ITC Institutes Patent Investigation of Certain Smartphones, Etc. Brought by Apple, Et Al.
The International Trade Commission has instituted a section 337 patent-based investigation of certain personal data and mobile communications devices and related software, pursuant to a complaint (Inv. No. 337-TA-710).
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(The products at issue in this investigation relate to hardware and software used in mobile communication devices, including but not limited to cellular phones and smartphones.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Apple Inc., f/k/a Apple Computer, Inc. and NeXt Software, Inc. f/k/a NeXt Computer, Inc., both of Cupertino, CA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain personal data and mobile communications devices and related software that infringe patents asserted by the complainants.
The complainants request that the ITC issue an exclusion order and a cease and desist order.
3 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:
- Exedea, Inc., of Houston, TX;
- High Tech Computer Corp. a/k/a HTC Corp. of Taiwan; and
- HTC America, Inc., of Bellevue, WA.
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. 10-030, dated 03/31/10) available at http://www.usitc.gov/press_room/news_release/2010/er0331hh2.htm