ITC Institutes Patent Investigation of Certain Electronic Imaging Devices
The International Trade Commission has instituted a section 337 patent-based investigation of certain electronic imaging devices, pursuant to a complaint.
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(The products at issue in this investigation are electronic imaging devices found in portable data devices, such as digital cameras found in cell phones, laptop computers and personal digital assistants.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by FlashPoint Technology, Inc., of Peterborough, NH, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain electronic imaging devices that infringe patents asserted by FlashPoint.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Respondents 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:
- HTC Corporation of Taiwan;
- HTC America, Inc., of Bellevue, WA;
- LG Electronics, Inc., of South Korea;
- LG Electronics U.S.A., Inc. of Englewood Cliffs, NJ;
- LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
- Nokia Corp. of Finland;
- Nokia Inc. of Irving, TX;
- Research In Motion Ltd. of Canada; and
- Research In Motion Corp. of Irving, TX.
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 07/08/10, Inv. No. 337-TA-726)