August 24, 2020

USITC opens probe into Apple for patent infringement

[ by Legal Era News Network ]


The United States International Trade Commission (USITC) said that it has launched an investigation under Section 337 to find whether the Apple mobile and Mac devices violate patents owned by Japanese consumer electronics company Maxell Holdings.

Section 337 of the Tariff Act of 1930 relates to Investigations of Unfair Practices in Import Trade. According to the said section 337, the USITC determines whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States. Section 337 declares the infringement of a U.S. patent, copyright, registered trademark, or mask work to be an unlawful practice in import trade.

The investigation is based on a complaint filed by Maxell of Kyoto, Japan, on July 17.

Maxell Holdings has filed a complaint with the USITC has sought a probe alleging that Apple’s mobile devices, tablets, smartwatches, and laptop computers violate patents related to passcode unlocking, WiFi assist, mobile communications, facial recognition in the Photos app, and more.

“The complainant requests that the USITC issue a limited exclusion order and a cease and desist order”. Apparently, the USITC will make a final determination in the investigation as early as possible.

Within 45 days after the institution of the investigation, the USITC will set a target date for completing the investigation.

Japan’s Maxell Holdings manufactures consumer electronics like batteries, wireless charging products, storage devices, LCD and laser projectors and functional materials.

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