ITC Institutes investigation no. 337-TA-666

Posted On: February 10, 2009   by: Barry Herman

On January 15, 2009, the U.S. International Trade Commission voted to institute an investigation of certain electronic devices, including handheld wireless communication devices. The investigation is based on a December 19, 2008 complaint filed by Saxon Innovations, LLC of Tyler, Texas. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain electronic devices, such as smart phones, cellular telephones, and television remote controls.

The ITC has identified the following as respondents in this investigation:

  • Nokia Corp. of Finland;
  • Nokia, Inc., of Irving, Texas;
  • Research In Motion Ltd. of Canada;
  • Research In Motion Corp. of Irving, Texas;
  • High Tech Computer Corp. of Taiwan;
  • HTC America, Inc., of Bellevue, Washington;
  • Palm, Inc. of Sunnyvale, California;
  • Panasonic Corporation of Japan;
  • AVC Networks Company of Japan;
  • Panasonic Corp. of North America of Secaucus, New Jersey; and
  • Panasonic Consumer Electronics Co. of Secaucus, New Jersey.

In its complaint, Saxon alleges that the respondents infringe U.S. Patents Nos. 5,235,635; 5,530,597; and 5,608,873.

ALJ Robert K. Rogers, Jr. has been assigned to handle this investigation. According to the Notice of Investigation, Lisa A. Murray of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.

On January 29, 2009, ALJ Rogers issued Order No. 4: Setting Procedural Schedule. According to that Order, trial in this matter will commence on July 30, 2009.

Also on January 29, 2009, ALJ Rogers issued Order No. 5: Setting Target Date. According to that Order, the Initial Determination on alleged violation of section 337 shall be due on December 14, 2009, and the target date for completion of this investigation is April 14, 2010, which is 15 months after institution of the investigation.

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