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ITC Institutes Patent Investigation of Digital TVs and Monitors Brought by Sony

The International Trade Commission has instituted a section 337 patent-based investigation of certain digital televisions and monitors, pursuant to a complaint (Inv. No. 337-TA-713).

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Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Sony Corporation of Tokyo, Japan, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain display devices, including digital televisions and monitors, that infringe patents asserted by Sony.

The complainant requests that the ITC issue exclusion orders and cease and desist orders.

11 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:

  • Envision Peripherals, Inc., of Fremont, CA;
  • Innolux Corporation of Austin, TX;
  • Innolux Display Corporation of Taiwan;
  • Top Victory Electronics (Taiwan) Co., Ltd., of Taiwan;
  • Top Victory Investments Ltd. of Hong Kong;
  • TPV Display Technology (Wuhan) Co., Ltd., of China;
  • TPV Electronics (Fujian) Co., Ltd., of China;
  • TPV International (USA), Inc., of Austin, TX;
  • TPV Technology (Beijing) Co., Ltd., of China;
  • TPV Technology Limited of Hong Kong; and
  • ViewSonic Corporation of Walnut, 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. 10-035, dated 04/15/10) available at http://www.usitc.gov/press_room/news_release/2010/er0415hh2.htm