ITC Institutes Patent Investigation of Certain Camera Phones, Modems Brought by Sony Against LG
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain mobile telephones and modems pursuant to a complaint.
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(The products at issue in this investigation are mobile telephones and modems that include such features as audio recording, digital cameras, and display of facial images associated with a specific contact.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Sony Corporation of Japan, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain mobile telephones and modems that infringe patents asserted by Sony.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
LG Companies Alleged to Be in Violation of Section 337
The ITC has identified the following companies as the respondents alleged to be in violation of section 337 in this investigation:
- LG Electronics, Inc., of South Korea;
- LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ; and
- LG Electronics Mobilecomm U.S.A., Inc., of San Diego, CA.
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.)
1Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
(Press release dated 01/27/11, Inv. No. 337-TA-758)