ITC Institutes Patent Investigation of LCD Devices Brought by Thomson
The International Trade Commission has instituted a section 337 patent-based investigation of certain liquid crystal display devices, including monitors, televisions, and modules, and components thereof pursuant to a complaint.
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(The products at issue in this investigation are liquid crystal display panels and larger products, such as televisions, incorporating these panels.)
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 Thomson Licensing.
The complainants request that the ITC issue an exclusion order and a cease and desist order.
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:
- AU Optronics Corporation America of Houston, TX;
- AU Optronics Corporation of Taiwan;
- BenQ America Corporation of Irvine, CA;
- BenQ Corporation of Taiwan;
- BenQ Latin America Corporation of Miami, FL;
- Qisda (Suzhou) Co., Ltd. of China;
- Qisda America Corporation of Irvine, CA; and
- Qisda 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 11/23/10, Inv. No. 337-TA-749)