The U.S. International Trade Commission has voted to institute an investigation of certain wireless devices, including mobile phones and tablets.
The products at issue include mobile phones and tablets with features and hardware, such as transmitters and receivers, which may allow these products to be geographically located on a map and tracked.
The investigation is based on a complaint filed by Pragmatus Mobile of Alexandria, Va., on June 27. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the import into the United States and sale of certain wireless devices, including mobile phones and tablets that infringe patents asserted by the complainant. The complainant asked ITC to issue a limited exclusion order and a cease and desist order.
ITC identified Pantech Co., Ltd. of South Korea and Pantech Wireless of Atlanta in its investigation.
By instituting this investigation, ITC has not yet made any decision on the merits of the case. ITC’s chief administrative law judge will assign the case to one of its 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.
Within 45 days after institution of the investigation, 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.