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ITC Institutes Patent Investigation of LCD Devices

The International Trade Commission has instituted a section 337 patent-based investigation of certain ground fault circuit liquid crystal display devices and components thereof, pursuant to a complaint.

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(The products at issue in this investigation are LCD devices, such as televisions, computer monitors, modules, and panels, and components thereof, such as LCD controllers.)

Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Thomson Licensing SAS of France and Thomson Licensing LLC of Princeton, NJ, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain liquid crystal display devices, including monitors, televisions, and modules, and components thereof that infringe patents asserted by the complainants.

The complainants request that the ITC issue an exclusion order and cease and desist orders.

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:

  • BenQ America Corp. of Irvine, CA
  • BenQ Corporation of Taiwan
  • BenQ Latin America of Miami, FL
  • Chi Mei Optoelectronics USA, Inc., of San Jose, CA
  • Chimei Innolux Corporation of Taiwan
  • Innolux Corporation of Austin, TX
  • MsStar Semiconductor, Inc., of Taiwan
  • Qisda (Suzhou) Co., Ltd., of China
  • Qisda America Corporation of Irvine, CA
  • Qisda Corporation of Taiwan
  • Realtek Semiconductor Corporation of Taiwan

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 10/12/10, Inv. No. 337-TA-741)