USITC Institutes Section 337 Investigation of Certain Location … – USITC

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain location-sharing systems, related software, components thereof, and products containing same. The products at issue in the investigation are described in the Commissions notice of investigation.

The investigation is based on a complaint filed by Advanced Ground Information Systems, Inc. of Jupiter, FL and AGIS Software Development LLC of Marshall, TX on November 16, 2022, as supplemented on December 13, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain location-sharing systems, related software, components thereof, and products containing same that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified following respondents in this investigation:

Google LLC of Mountain View, CA;Samsung Electronics, Co., Ltd. of Suwon, South Korea;Samsung Electronics America, Inc. of Ridgefield Park, NJ;OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China;TCL Technology Group Corporation of Guangdong, China;TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong;TCL Communication Technology Holdings Limited of Hong Kong Science Park, Shatin, New Territories, Hong Kong;TCT Mobile (US) Inc. of Irvine, CA;Lenovo Group Ltd. of Beijing, China;Lenovo (United States) Inc. of Morrisville, NC;Motorola Mobility LLC of Chicago, IL;HMD Global of Espoo, Finland;HMD Global OY of Espoo, Finland;HMD America, Inc. of Miami, FL;Sony Corporation of Tokyo, Japan;Sony Mobile Communications, Inc. of Tokyo, Japan;ASUSTek Computer Inc. of Taipei, Taiwan;ASUS Computer International of Fremont, CA;BLU Products of Doral, FL;Panasonic Corporation of Osaka, Japan;Panasonic Corporation of North America of Secaucus, NJ;Kyocera Corporation of Kyoto, Japan;Xiaomi Corporation of Grand Cayman, Cayman Islands;Xiaomi H.K. Ltd. of Kowloon City, Hong Kong;Xiaomi Communications Co., Ltd. of Beijing, China; andXiaomi Inc. of Beijing, China.

By instituting this investigation (337-TA-1347), the USITC has not yet made any decision on the merits of the case. The USITCs Chief Administrative Law Judge will assign the case to one of the USITCs administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The 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 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. 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.

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USITC Institutes Section 337 Investigation of Certain Location ... - USITC