Nokia Corporation of Finland; Nokia, Inc., of White Plains, NY; and Intellisync Corporation of White Plains, NY filed a complaint with the U.S. International Trade Commission (USITC) requesting an investigation pursuant to Section 337. The complaint alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices, including mobile phones, mobile tablets, portable music players, and computers, and components thereof that infringe patents asserted by the complainants.

 

The USITC has identified the following as respondents in this investigation:

Apple Inc. of Cupertino, CA

 

By instituting an investigation, the USITC has not yet made any decision on the merits of the case. One of the USITC's six administrative law judges (ALJ) will make an initial determination as to whether there is a violation of Section 337; that initial determination is subject to review by the Commission. The USITC will set a target date for when the investigation will be complete within the first 45 days of the investigation. USITC 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.

 

A Section 337 victory for a party could possibly mean a complete U.S. ban on the importation of the infringing product, by stopping the affected products at the border.

 

SOURCE: USITC