The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain WAP-compatible wireless communication devices, components thereof, and products containing same. The products at issue in this investigation are wireless communication devices, such as cell phones and pagers, that are designed to conform to certain specifications relating to wireless Internet access.

The investigation is based on a complaint filed by Geoworks Corporation on September 8, 2000, and supplemented on September 29, 2000. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain WAP-compatible wireless communication devices, components thereof and products containing same that infringe a U.S. patent owned by Geoworks. In its complaint, Geoworks requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

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

Phone.com, Inc., of Redwood City, CA;
Sanyo Electric Co., Ltd., of Moriguchi City, Osaka, Japan; and
Sanyo North America Corporation, of San Diego, CA.

By instituting this investigation (337-TA-436), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Debra Morriss, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Morriss 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 President of the United States within that 60-day period.