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ITC Requests Comments on Patent Complaint on Motion-Sensitive Imaging, Sound Devices Against Apple, Canon, Sharp, Etc.

The International Trade Commission announces that a section 337 patent-based complaint has been filed regarding certain motion-sensitive sound effects devices and image display devices and components and products containing same.

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Alleged Patent Violations by 36 Companies

ITC received a complaint filed on behalf of Ogma, LLC, which alleges violations of section 337 of the Tariff Act of 19301 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain motion-sensitive sound effects devices and image display devices and components and products containing same.

The complaint names the following as the respondents:

  • Activision Blizzard Inc. of CA
  • Apple Inc. of CA
  • Canon, Inc. of Japan
  • Canon USA, Inc. of NY
  • Seiko Epson Corporation of Japan
  • Epson America, Inc. of CA
  • HTC Corporation of Taiwan
  • HTC America, Inc. of WA
  • InFocus Corp. of OR
  • Jakks Pacific, Inc. of CA
  • Kyocera Communications, Inc. of CA
  • LEGO A/S (dba) LEGO Group of Denmark
  • LEGO Systems, Inc. of CT; Lenovo (United States), Inc. of NC
  • Lenovo Group Ltd. of China
  • Lenovo (Singapore) Pte. Ltd. of Singapore
  • Mad Catz, Inc. of CA
  • Motorola Mobility, Inc. of IL
  • Nintendo Co., Ltd. of Japan
  • Nintendo of America, Inc. of WA
  • Nyko Technologies, Inc. of CA
  • Sanyo North America Corp. of CA; Sanyo Electric Co., Ltd. of Japan
  • Sanyo Electronic Devices (U.S.A.) of CA
  • Sharp Corporation of Japan
  • Sharp Electronics Corporation of NJ
  • Sony Computer Entertainment America, LLC of CA
  • Sony Corporation of Japan
  • Sony Corporation of America of NY
  • Sony Electronics Inc. of CA
  • Sony Ericsson Mobile Communications (USA), Inc. of GA
  • Sony Ericsson Mobile Communications AB of Sweden
  • Vivitek Corporation of CA
  • VTech Electronic North America, LLC of IL
  • VTech Holdings, Ltd. of Hong Kong
  • ViewSonic Corp., Ltd. of CA
  • WowWee Group Ltd. of Hong Kong
  • WowWee USA, Inc. of CA

Comments on Public Interest Issues Requested

ITC requests comments on any public interest issues raised by the complaint by April 14, 2011.

Comments should address whether issuance of an exclusion order and/or a cease and desist order would negatively affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.

(The ITC notes that there will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.)

1Section 337 investigations conducted by ITC most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods. The primary remedy available in Section 337 investigations is an exclusion order that directs Customs to stop infringing imports from entering the U.S. In addition, ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.

ITC contact -- James Holbein (202) 205--2000

(DN 2799, FR Pub 04/07/11)