ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN 3G WIDEBAND CODE DIVISION MULTIPLE ACCESS (WCDMA) HANDSETS AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain 3G Wideband Code Division Multiple Access (WCDMA) handsets and components thereof.

The products at issue in this investigation are cellular mobile telephones capable of operating on 3G WCDMA systems.

The investigation is based on a complaint filed by InterDigital Communications Corporation of King of Prussia, PA, and InterDigital Technology Corporation of Wilmington, DE, on March 23, 2007, and supplemental letters filed on April 4, 2007 and April 16, 2007. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain 3G Wideband Code Division Multiple Access handsets and components thereof that infringe patents owned by InterDigital. The complainants request that the ITC issue a permanent exclusion order and a permanent cease and desist order.

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

Samsung Electronics Co., Ltd., of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Telecommunications America LLC of Richardson, TX.

By instituting this investigation (337-TA-601), 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.