ITC Institutes Patent Investigation of Motion-Sensitive Devices Against Canon, Nintendo, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain motion-sensitive sound effects devices and image display devices and components and products containing same, pursuant to a complaint.
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(The products at issue in this investigation include various types of electronic devices, such as cellular phones, computers, toys, and video games.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Ogma, LLC, of Longview, TX, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain motion-sensitive sound effects devices and image display devices and components and products containing same that infringe patents asserted by the complainant.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
22 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:
- Activision Blizzard, Inc., of Santa Monica, CA;
- Canon, Inc., of Japan;
- Canon USA, Inc., of Lake Success, NY;
- Jakks Pacific, Inc., of Malibu, CA;
- Kyocera Communications, Inc., of San Diego, CA;
- LEGO A/S dba LEGO Group of Denmark;
- LEGO Systems, Inc., of Enfield, CT;
- Lenovo (United States), Inc., of Morrisville, NC;
- Lenovo Group Ltd. of China;
- Lenovo (Singapore) Pte. Ltd. of Singapore;
- Mad Catz, Inc., of San Diego, CA;
- Nintendo Co., Ltd., of Japan;
- Nintendo of America, Inc., of Redmond, WA;
- Nyko Technologies, Inc., of Los Angeles, CA;
- Sony Ericsson Mobile Communications (USA), Inc., of Atlanta, GA;
- Sony Ericsson Mobile Communications AB of Sweden;
- Vivitek Corporation of San Jose, CA;
- VTech Electronics North America, LLC, of Arlington Heights, IL;
- VTech Holdings, Ltd., of Hong Kong;
- ViewSonic Corp., Ltd., of Walnut, CA;
- WowWee Group Ltd. of Hong Kong; and
- WowWee USA, Inc., of Carlsbad, 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 05/13/11, Inv. No. 337-TA-773)