Electronic Imaging Devices: Possible 337 Exclusion Order on HTC Android & Other Smartphones
The International Trade Commission has announced that it will be reviewing a number of issues regarding the Administrative Law Judge's finding that there was no infringement of certain patent claims held by Flashpoint Technology, Inc. by the importation, sale for importation, or sale within the U.S. after importation of certain electronic imaging devices (Android & WP7 smartphones) of High Tech Computer Corp. of Taiwan and HTC America Inc.(337-TA-726). Licensed Motorola and licensed Apple smartphones are also involved.
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The ITC requests comments on a number of legal issues surrounding this case, as well as what type of remedy, if any, should be ordered (such remedies include exclusion orders and cease and desist orders), the HTS tariff numbers of the accused products, and the impact of any potential remedy on the public interest. Written comments on the legal issues and remedy and bonding options are due by October 10, 2011. Reply submissions are due by October 17, 2011.
If the ITC orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. During this period, the subject articles would be entitled to enter the U.S. under bond, in an amount determined by the ITC.
ITC contact: Jia Chen (202) 708-4737
(FR Pub 09/30/11, Inv. No. 337--TA--726)