The Court of Appeals’ decision in Hitachi Home Electronics (America), Inc. v. United States “not only deprives importers of timely review of protests, but also allows Customs to block their access to judicial review,” said the American Association of Exporters and Importers (AAEI) in an amicus brief in support of Hitachi’s request for a Supreme Court hearing. Hitachi is appealing the October 2011 ruling of the Court of Appeals for the Federal Circuit that the statute does not require CBP to decide customs protests within two years, even though 19 USC 1515(a) says it “shall” do so.
The International Trade Commission is publishing notices in the Sept. 6 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The International Trade Administration revoked, in part, the antidumping duty order on certain cased pencils from China (A-570-827) to exclude novelty pencils shaped like drumsticks from the AD duty order. Effective June 1, 2011, pencils that are shaped like drumsticks, do not contain erasers, and are longer than regular wooden pencils are no longer subject to the AD duty order on cased pencils from China. The ITA made no changes from its preliminary results of changed circumstances review, which recommended partial revocation.
Apple wants a ban on the sale of eight Samsung mobile phones within the U.S., the company said in a filing Monday in the U.S. District Court, San Jose. Apple is seeking a ban on seven phones in Samsung’s Galaxy line, plus Samsung’s Droid Charge, according to the filing, which followed a federal jury’s decision Friday that Samsung infringed on multiple Apple iPhone design and utility patents. The jury awarded Apple more than $1 billion in damages, though that award is not official until U.S. District Judge Lucy Koh renders a final decision on the case at a hearing Sept. 20. Samsung is likely to appeal (WID Aug. 28 p2).
Apple wants a ban on the sale of eight Samsung mobile phones within the U.S., the company said in a filing Monday in the U.S. District Court, San Jose. Apple is seeking a ban on seven phones in Samsung’s Galaxy line, plus Samsung’s Droid Charge, according to the filing, which followed a federal jury’s decision Friday that Samsung infringed on multiple Apple iPhone design and utility patents. The jury awarded Apple more than $1 billion in damages, though that award is not official until U.S. District Judge Lucy Koh renders a final decision on the case at a hearing Sept. 20. Samsung is likely to appeal (CED Aug 28 p2).
Apple wants a ban on the sale of eight Samsung mobile phones within the U.S., the company said in a filing Monday in the U.S. District Court, San Jose. Apple is seeking a ban on seven phones in Samsung’s Galaxy line, plus Samsung’s Droid Charge, according to the filing, which followed a federal jury’s decision Friday that Samsung infringed on multiple Apple iPhone design and utility patents. The jury awarded Apple more than $1 billion in damages, though that award is not official until U.S. District Judge Lucy Koh renders a final decision on the case at a hearing Sept. 20. Samsung is likely to appeal (CD Aug 28 p6).
CBP's ACEopedia for August 2012 describes a "New ACE Development Strategy." The new "Agile-like" strategy allows for the additions of smaller functionalities to ACE and has been used in deploying Simplified Entry (SE), the Document Image System (DIS) and Participating Government Agency (PGA) Interoperability, said CBP. The new strategy was the biggest change between the new ACEopedia and previous versions. The new ACEopedia doesn't mention the departure of Cindy Allen, the current head of the ACE Business Office.
Western Digital cut 80 jobs at its Fremont, Calif., R&D facility as part of an overall effort to “align with the needs of our customers,” a company spokesman said. The 286,000-square-foot Fremont facility has 1,400 employees, the spokesman said. Western ended its fiscal 2012 ended June 29 with 103,111 employees. Western Digital has been restructuring its operations since acquiring Hitachi’s hard drive business earlier this year. Meanwhile, Western Digital incurred $235 million in losses in fiscal 2012 tied to the floods at its Thailand plant last October, the company said in its 10-K filing with the SEC. The losses were partly offset by $21 million in insurance recoveries and other cost reimbursements, resulting in a $214 million charge. Western Digital’s fiscal 2012 gross profit margin improved to 29.2 percent from 18.8 percent due largely to an increase in the average selling price (ASP) for hard drives to $62 from $45, the company said. The jump in ASPs was tied to the flooding, which created a drive shortage. The higher gross profit margin was offset by $91 million in costs on the sale on inventory stemming from its acquisition of Hitachi’s drive business. Western Digital had a slider fabrication and one-million-square-foot hard drive assembly plant in Bang Pa-In, Thailand, at the time of the flooding that accounted for 60 percent of its supply. The plant resumed production in March. Western Digital added hard drive manufacturing with the Hitachi purchase and has facilities in Shenzhen, China; Johor, Malaysia; and Chonburi, Thailand. Western Digital also has a hard drive recording head supply agreement with TDK’s SAE Magnetics that started in fiscal Q3 and runs through late 2013, the company said. Meanwhile, Western’s fiscal 2012 revenue rose 31 percent to $12.5 billion with Hitachi’s business contributing $3.1 billion sales, the company said. CE product and branded hard drives accounted for 19 percent of sales, down from 27 percent a year earlier. Net income improved to $1.6 billion from $726 million. Under a condition of the Hitachi purchase required by China’s Commerce Ministry, Western must keep Hitachi as an independent competitor for at least two years, Western said. Western is awaiting a decision by the Hennepin County, Minn., District Court on its request that a $630.4 million arbitration award against it be vacated, the company said. Western filed the petition with the district court in January. Rival Seagate was awarded $525 million along with $105.4 million in pre-award interest after a federal arbiter found Western misappropriated trade secrets. The award stemmed from claims brought in Hennepin County District Court against Western and one employee in October 2006. The suit switched to an arbitration case in 2007. Western doesn’t believe the arbiter’s award will be upheld and hasn’t recorded any liability for it other than the $25 million previously accrued, the company said.
Chances are slim that the Hitachi case on time limits for CBP protests will be taken up by the Supreme Court, say industry lawyers, and that is feeding a growing push for a legislative solution. In its decision, the Court of Appeals for the Federal Circuit said the statutory two-year period for CBP to decide protests isn’t binding. But the remedy CAFC said is available to importers, accelerated disposition, could hurt smaller importers without the resources to challenge a deemed denial in court, industry lawyers said. Furthermore, CBP itself could face adverse consequences as more importers file for accelerated disposition. As a result, industry groups and customs brokers have begun pushing for amendments to the statute that would hold CBP to a time limit.
Hadopi, the French anti-piracy body created by the controversial law on creation and the Internet, is facing budget cuts amid growing criticism that it’s too expensive and ineffective. The institution, dedicated to distributing protected works and safeguarding digital rights, enforces a gradual response system in which suspected infringers first receive warning emails and letters, then can be prosecuted, and, finally, face Internet cut-off. Graduated response, or “three-strikes,” has been held out as a model that other countries could use against illegal downloading. Given Hadopi’s problems, it’s hard to believe other nations will pursue it, said digital rights activists. The body may survive in France, but under a new merged regulator akin to the Office of Communications in the U.K., said Hogan Lovells (Paris) media and communications lawyer Winston Maxwell.