ITC Institutes Patent Investigation of Polyimide Films for Cell Phones, Laptops
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain polyimide films, products containing same, and related methods pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The products at issue in this investigation are flexible films used in making flexible printed circuits for various consumer electronic products such as cell phones and laptop computers.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Kaneka 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 polyimide films, products containing same, and related methods that infringe patents asserted by Kaneka.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
SKC 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:
- SKC Kolon PI, Inc., of Korea; and
- SKC Inc. of Covington, GA.
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 04/28/11, Inv. No. 337-TA-772)