US International Trade Commission (USITC) voted to initiate an investigation of certain electronic devices, including smartphones, computers, tablets and their components. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by InterDigital VC Holdings, Inc., InterDigital Patent Holdings, Inc., and InterDigital Inc., of Wilmington, Delaware, along with InterDigital Madison Patent Holdings, Inc., of Paris, France on September 1, 2023, and supplemented on September 7, 2023 and September 18, 2023. The complainants allege that the respondents violate section 337 of the Tariff Act of 1930 by importing into the United States and selling certain electronic devices (including smartphones, computers, tablets and their components) that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified the following respondents in this investigation: Lenovo (United States), Inc., of Morrisville, North Carolina; Motorola Mobility, Inc., of Libertyville, Illinois; and Lenovo Group Limited, of Quarry Bay, Hong Kong.

By instituting this investigation (337-TA-1373), 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.