ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN SWITCHES AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain switches and products containing same. The products at issue in this investigation are computer peripheral switches that allow a user to operate multiple computers from a single computer console.

The investigation is based on a complaint filed by ATEN International Co., Ltd. of Taiwan and ATEN Technology, Inc., of Irvine, CA, on November 6, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain switches and products containing same that infringe a patent owned by ATEN. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

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

Belkin Corporation of Compton, CA;
Belkin Logistics, Inc., of Compton, CA;
Emine Technology Co., Ltd., of Taiwan;
JustCom Tech, Inc., of San Jose, CA;
RATOC Systems, Inc., of Japan; and
RATOC Systems International, Inc., of Santa Clara, CA.
By instituting this investigation (337-TA-589), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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 ITC will make a final determination in the investigation at the earliest practicable time. 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.