ITC Institutes Patent Investigation of Certain Smart Phones Against Apple
The International Trade Commission has instituted a section 337 patent-based investigation of certain electronic devices with image processing systems, components thereof, and associated software, pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
The products at issue in this investigation are electronic devices such as smart phones that use image processing technology to allow for more convenient transmission of image data.
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by S3 Graphics Co., Ltd., of the Cayman Islands, and S3 Graphics, Inc., of Fremont, CA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of electronic devices with image processing systems, components thereof, and associated software that infringe patents asserted by S3 Graphics.
The complainants request that the ITC issue an exclusion order and a cease and desist order.
Apple Alleged to Be in Violation of Section 337
The ITC has identified Apple Inc. as the respondent alleged to be in violation of section 337 in this investigation.
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.)
(Press release dated 06/25/10, Inv. No. 337-TA-724)