ITC Institutes Patent Investigation of LCD Devices by Sharp Against LG, Sanyo, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain liquid crystal display devices, products containing same, and methods for using the same pursuant to a complaint.
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(The products at issue in this investigation are LCD modules and panels and products such as LCD televisions and monitors.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Sharp 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 liquid crystal display devices, products containing same, and methods for using the same that infringe patents asserted by Sharp.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
13 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:
- AU Optronics Corp. of Taiwan;
- AU Optronics Corporation America of Houston, TX;
- BenQ America Corp. of Irvine, CA;
- BenQ Corporation of Taiwan;
- Haier America Trading LLC of New York, NY;
- Haier Group Company of China;
- LG Electronics Inc. of Korea;
- LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
- SANYO Electric Co., Ltd., of Japan;
- SANYO North America Corporation of San Diego, CA;
- TCL Corporation of China;
- TTE Technology, Inc., of Indianapolis, IN; and
- VIZIO, Inc., of Irvine, 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 02/24/11, Inv. No. 337-TA-760)