Issue 06/04 | January 25, 2006
Section 337 Complaint - F&G Research Requests Investigation of Computer Mice from Taiwan

On January 17, 2005, F&G Research, Inc. filed a "Section 337" complaint requesting that an unfair import investigation be instituted involving "Certain Scrolling Wheel Computer Mice and Components Thereof."

The proposed respondents are: Primax Electronics Limited, Taipei, Taiwan; Sony Corporation, Tokyo, Japan; Giga-Byte Technology Company Limited, Taipei, Taiwan; Chicony Electronics Company Limited, Taipei, Taiwan; Behavior Tech Computer Corp., Taipei, Taiwan; Adomax Technology Company Limited, Taipei, Taiwan, Paten Wireless Technology, Inc., Taipei, Taiwan and Darfon Electronics Corp, Taoyuan, Taiwan. The complaint has been designated as confidential and assigned Docket No. 337-2464.

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.

Click here for more information on the importance of monitoring these ITC investigations, and click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."

For the latest details on a particular Section 337 investigation and/or other intellectual property matter, contact me, Bill Heinze (bill.heinze@tkhr.com) at Thomas, Kayden, Horstemeyer & Risley LLP in Atlanta, Georgia USA.

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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