Thursday, June 30, 2011

X2Y Attenuators v. Intel, Apple, HP: ITC Investigation Initiated

In addition to the WDPA case filed on May 31, 2011, X2Y Attenuators also filed a complaint with the USITC. Today, the ITC announced initiation of an investigation:

From the USITC:

June 30, 2011

News Release 11-071

Inv. No. 337-TA-781

Contact: Peg O'Laughlin, 202-205-1819


The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microprocessors, components thereof, and products containing same. The products at issue in this investigation are microprocessors designed for improved power delivery.

The investigation is based on a complaint filed by X2Y Attenuators, LLC, of Erie, PA, on May 31, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain microprocessors, components thereof, and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

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

  • Intel Corporation of Santa Clara, CA;
  • Componentes Intel de Costa Rica S.A. of Costa Rica;
  • Intel Malaysia Sdn. Bhd of Malaysia;
  • Intel (Philippines) of the Philippines;
  • Intel Products (Chengdu) Ltd. of China;
  • Intel Products (Shanghai) Ltd. of China;
  • Apple Inc. of Cupertino, CA; and
  • Hewlett-Packard Company of Palo Alto, CA.

By instituting this investigation (337-TA-781), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six 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.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.

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