USITC INSTITUTES SECTION 337 INVESTIGATION

OF certain GRAPHICS PROCESSORS, DDR MEMORY CONTROLLERS,

AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain graphics processors, DDR memory controllers, and products containing the same.  The products at issue in the investigation (including GPUs, processors, systems-on-chip, smartphones, laptops, televisions, Bluray players, and gaming systems) all provide graphics processing functionality.

The investigation is based on a complaint filed by ZiiLabs Inc., Ltd. of Hamilton, Bermuda, on December 16, 2016. A letter supplementing the complaint was filed on January 6, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain graphics processors, DDR memory controllers, and products containing the same that allegedly infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

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

Advanced Micro Devices, Inc., of Sunnyvale, CA;

Lenovo Group Ltd. of Beijing, China;

Lenovo Holding Co., Inc., of Morrisville, NC;

Lenovo (United States) Inc. of Morrisville, NC;

LG Electronics, Inc., of Seoul, Republic of Korea;

LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;

LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;

MediaTek, Inc., of Hsinchu City, Taiwan;

MediaTek USA Inc. of San Jose, CA;

Motorola Mobility LLC of Libertyville, IL;

Qualcomm Inc. of San Diego, CA;

Sony Corporation of Tokyo, Japan;

Sony Corporation of America of New York, NY;

Sony Electronics Inc. of San Diego, CA;

Sony Mobile Communications (USA) Inc. of San Mateo, CA;

Sony Computer Entertainment Inc. of Tokyo, Japan; and

Sony Interactive Entertainment LLC of San Mateo, CA.

By instituting this investigation (337-TA-1037), 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 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.