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Issue 05/49 | October 4, 2005
Unfair Import Investigations Requested for Scanners, Organ Locators, and Flash Memories

On September 23, 2005, Symbol Technologies, Inc. filed a "Section 337" unfair import complaint at the U.S. International Trade Commission.The complaint requests that an unfair import investigation be instituted involving "Certain Laser Bar Code Scanners, Scan Engines, Components Thereof and Products Containing Same." The proposed respondents are Metro (Suzhou) Technologies Co., Ltd., China and Metrologic Instruments, Inc., Blackwood, New Jersey. The complaint has been designated as confidential and assigned Docket No. 337-2446 for indexing in the Commission's database.

On September 28, 2005, Varian Medical Systems, Inc. and SAS PRAXIM, Inc. filed a "Section 337" unfair import complaint at the U.S. International Trade Commission. The complaint requests that an unfair import investigation be instituted involving "Certain Devices for Determining Organ Positions and Certain Subassemblies Thereof." The proposed respondent is Resonant Medical, Inc., Canada. The complaint has been designated as confidential and assigned Docket No. 337-2447 for indexing in the Commission's database.

On September 29, 2005, Toshiba Corporation filed a "Section 337" unfair import complaint at the U.S. International Trade Commission. The complaint requests that an unfair import investigation be instituted involving "Certain Flash Memory Devices and Components Thereof, and Products Containing Such Devices and Components." The proposed respondents are Hynix Semiconductor, Inc., Korea and Hynix Semiconductor America, Inc,. California. The complaint has been designated as confidential and assigned Docket No. 337-2448 for indexing in the Commission's database.

Such complaints typically include an allegation of intellectual property infringement and a request that the infringing goods be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

For the latest details on a particular Section 337 investigation, or to receive a free, audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission.", contact the author, Bill Heinze (bill.heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley LLP in Atlanta, Georgia.

The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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