ITC Issues Limited Exclusion Order on Certain MEMS Devices
The International Trade Commission has issued a limited exclusion order in its section 337 patent-based investigation of certain microelectromechanical systems (MEMS) devices and products containing the same pursuant to a complaint. The ITC has also terminated the investigation.
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(The products at issue are micromachined structures such as microphones, accelerometers, and gyroscopes.)
Complaint Filed by Analog Devices Regarding Certain Patents
This investigation was based on a complaint filed by Analog Devices, Inc. of Norwood, Massachusetts, which alleged violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain MEMS devices and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,364,942 (the 942 patent), among others.
The complaint named Knowles Electronics LLC of Itasca, IL and Mouser Electronics, Inc. as the respondents.
LEO Excludes Infringing Articles by Knowles or Mouser from Entry
According to the limited exclusion order, MEMS devices and products containing the same that infringe claims 2-6 and 8 of the 942 patent that are manufactured abroad by or on behalf of, or are imported by or on behalf of, Knowles or Mouser, or any of their affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns, are excluded from entry for consumption into the U.S., entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, except under license of the patent owner or as provided by law.
No Bond Required During 60-Day Review Period
The ITC also determined that the excluded MEMS devices and products are entitled to entry for consumption into the U.S., entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, without posting a bond during the period from the day after the order is received by the U.S. Trade Representative and until such time as the USTR notifies the ITC that the order is approved or disapproved, but, in any event, not later than 60 days after receipt of the order.
CBP May Require Certification that Imports Are Not Subject to Order
At the discretion of U.S. Customs and Border Protection and pursuant to procedures it establishes, persons seeking to import MEMS devices and products that are potentially subject to the limited exclusion order may be required to certify that they are familiar with the terms of the order, that they have made appropriate inquiry, and thereupon state that, to the best of their knowledge and belief, the products being imported are not excluded from entry under the order. At its discretion, CBP may require persons who have provided the certification to furnish such records or analyses as are necessary to substantiate the certification.
(See ITT’s Online Archives or 01/06/10 news, 10010650, for BP summary of the institution of this patent investigation.)
ITC contact -- Clint Gerdine (202) 205-5468
(FR Pub 05/18/11, Inv. No. 337-TA-700)
The limited exclusion order is available by emailing documents@brokerpower.com