Patent Law Updates | New Statutes, Regulations and Rules
July 18, 2012
ITC Institutes Sec. 337 Investigation against LG Electronics on Patents Relating to Certain Integrated Circuit Packages
In the Matter of Certain Integrated Circuit Packages Provided with Multiple Heat-Conducting Paths and Products Containing Same
Investigation No. 337-TA-851, 6/29/2012
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit packages provided with multiple heat-conducting paths and products containing same.
The products at issue in this investigation are IC chips incorporated into, for example, televisions.
The investigation is based on a complaint filed by Industrial Technology Research Institute of Taiwan and ITRI International of San Jose, CA, on May 31, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuit packages provided with multiple heat-conducting paths and products containing same that infringe a patent asserted by the complainants.
The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
LG Electronics, Inc., of the Republic of Korea; and
LG Electronics, U.S.A., Inc., of Englewood Cliffs, NJ.
By instituting this investigation (337-TA-851), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.
The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.
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