ITC Institutes Patent Investigation of Handheld Computers by Microsoft Against Barnes & Noble, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain handheld electronic computing devices, related software, and components thereof pursuant to a complaint.
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(The products at issue in this investigation are handheld electronic computing devices, related software, and components thereof, including operating systems, user interfaces, and other application software designed for use on, and loaded onto, such devices.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Microsoft Corporation of Redmond, WA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain handheld electronic computing devices, related software, and components thereof that infringe patents asserted by Microsoft.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
7 Companies Alleged to Be in Violation of Section 337
The ITC has identified the following as the respondents alleged to be in violation of section 337 in this investigation:
- Barnes & Noble, Inc., of New York, NY;
- barnesandnoble.com LLC of New York, NY;
- Foxconn Electronics, Inc., of Taiwan;
- Foxconn Precision Component (Shenzhen) Co. Ltd. of China;
- Foxconn International Holdings Ltd. of Hong Kong;
- Hon Hai Precision Industry Co., Ltd., of Taiwan; and
- Inventec Corporation of Taiwan.
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 04/19/11, Inv. No. 337-TA-769)