ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN WIRELESS CONFERENCE CALLING DEVICES, COMPONENTS THEREOF, AND DEVICES CONTAINING THE SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain wireless conference calling devices, components thereof, and devices containing the same. The products at issue in this investigation are devices which enable multiple users of headsets to participate in a conference call placed through a cellular telephone.

The investigation is based on a complaint filed by Callpod, Inc., of Chicago, IL, on December 29, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain wireless conference calling devices, components thereof, and devices containing the same that infringe patents owned by Callpod. The complainant requests that the ITC issue a permanent limited exclusion order and a permanent cease and desist order.

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

GN Netcom, Inc., of Nashua, NH;
GN Netcom A/S of Denmark; and
GN Netcom Store Nord A/S of Denmark.
By instituting this investigation (337-TA-591), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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.