ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN RECHARGEABLE LITHIUM-ION BATTERIES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain rechargeable lithium-ion batteries, components thereof, and products containing same. The products at issue in this investigation are used in portable, cordless devices like power tools and laptop computers.

The investigation is based on a complaint filed by 3M Company and 3M Innovative Properties Company (3M IPC) of St. Paul, MN, on March 7, 2007. An amended complaint was filed on April 11, 2007. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain rechargeable lithium-ion batteries, components thereof, and products containing same that infringe patents owned by 3M IPC. The complainants request that the ITC issue a general exclusion order and permanent cease and desist orders.

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

Sony Corporation of Japan;
Sony Electronics, Inc., of San Diego, CA;
Lenovo Group Limited (Hong Kong) of Hong Kong;
Lenovo (United States) Inc. of Morrisville, NC;
CDW Corporation of Vernon Hills, IL;
Batteries Com, LLC, of Indianapolis, IN;
Hitachi Koki USA, Ltd., of Norcross, GA;
Matsushita Industrial Electric Co., Ltd., of Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Total Micro Technologies Inc. of Irvine, CA; and
Sanyo Electric Company, Ltd., of Japan.

By instituting this investigation (337-TA-600), 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.