Section 337 Complaint: Lighting, Digital Camera, and NAND Memory Import Investigations Requested

On January 23, 2007, Cooper Lighting, Inc. filed a “Section 337” complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving “Certain Lighting Products, Components Thereof, and Products Containing the Same.” The proposed respondents are Cordelia Lighting, Inc., Rancho Dominguez, CA and Jimway, Inc., Rancho Dominguez, CA.” The complaint has been designated as Docket No. 337-2520 for indexing in the Commission’s database.

On January 19, 2007, St. Clair Intellectual Property Consultants, Inc. also filed a “Section 337″ Complaint requesting that an unfair import investigation be instituted involving “Certain Digital Cameras and Component Parts Thereof.” The proposed respondent is Eastman Kodak Company, Rochester, New York. The complaint has been designated as confidential and assigned Docket No. 337-2519.

On January 9, 2007, Toshiba Corporation, Inc. also filed a “Section 337″ requesting that an unfair import investigation be instituted involving “Certain NAND Flash Memory Devices and Components Thereof, and Products Containing Same.” The proposed respondents are: Hynix Semiconductor Inc., (Korea) and Hynix Semiconductor America Inc., (CA). The complaint has been designated as confidential and assigned Docket No. 337-2517.

These and other “Recent petitions and Complaints Filed with the USITC” are listed here.

Such complaints typically include an allegation of intellectual property infringement and a request that the infringing godds 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.

More information on “U.S. Import Exclusion Basics” is available here while the “Beginner’s Guide to Unfair Import Investigations” is available here. Click here for an audio-visual Internet presentation on “Unfair Import Investigations at the U.S. International Trade Commission.”

Click here for more information on the importance of monitoring these ITC investigations, and for the latest details on a particular Section 337 investigation and/or other intellectual property matter, contact, Bill Heinze (Bill.Heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia, USA.

The information contained in this alert 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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