USITC Launches Another Sec. 337 Investigation Into TVs, Remotes
Trade Update • MAY 11, 2021
The U.S. International Trade Commission yesterday launched an investigation of certain televisions, remote controls, and components thereof in response to a complaint filed by Roku, Inc., of San Jose, CA.
The complainant, a manufacturer of digital media players for video streaming, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of the subject goods by Samsung, LG Electronics, and more than a dozen other companies that are claimed to be infringing on its patents. The USITC has been asked to issue a limited exclusion order and cease and desist orders.
The companies identified in the complaint are as follows:
- Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Rep. of Korea;
- Samsung Electronics America, Inc., of Ridgefield Park, NJ;
- Samsung Electronics HCMC CE Complex, Co., Ltd., of Ho Chi Minh City, Vietnam;
- LG Electronics Inc. of Seoul, Rep. of Korea;
- LG Electronics USA, Inc., of Englewood Cliffs, NJ;
- TCL Corporation of Huizhou, Guangdong, China;
- TCL Technology Group Corporation of Huizhou, Guangdong, China;
- TCL Electronics Holdings Limited of Shenzhen, Guangdong, China;
- TTE Technology, Inc., Corona, CA;
- Shenzhen TCL New Technologies Co. Ltd. of Shenzhen, Guangdong, China;
- TCL King Electrical Appliances (Huizhou) Co. Ltd. of Huizhou, Guangdong, China;
- TCL MOKA International Limited of Sha Tin, New Territories, Hong Kong;
- TCL Smart Device (Vietnam) Co., Ltd., of Binh Duong Province, Vietnam;
- MediaTek Inc. of Hsinchu City, Taiwan;
- MediaTek USA Inc. of San Jose, CA;
- MStar Semiconductor, Inc., of ChuPei City, Hsinchu Hsien, Taiwan; and
- Realtek Semiconductor Corp. of Hsinchu, Taiwan.
Next Steps
An Administrative Law Judge assigned by the Court will schedule and hold an evidentiary hearing before making an initial determination as to whether there is a violation of Section 337.
The USITC will make a final determination in the investigation “at the earliest practicable time.” Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.
Related Actions
Many of the same respondents involved in this action are also the target of another Sec. 337 investigation initiated last year based on a 2020 complaint filed by video technology company DivX, LLC, of San Diego, CA. That case dealing with video processing devices and components thereof used in digital smart televisions is still pending before the ALJ.
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