Relieve investigation bureau according to commerce of Department of Commerce on May 29 message, american Neodron company accuses what sell in the beauty to pair of beautiful exit, entrance is in the beauty is mixed touch accuse mobile equipment, computer and its component to violate its patent, committee of international trade of request United States (ITC) launch 337 investigation, intercurrent cloth is finite eliminate to make and prohibit making.
The graph relieves scheme of check of investigation bureau website from commerce of Department of Commerce
Notable is, article fine makes clear: China associates case of experience of group limited company.
As we have learned, neodron company on May 22 according to " the United States passed tax law 1930 " the 337th regulation, offer afore-mentioned investigation application to ITC, sponsor is Tom Schaumberg, hold the post of presiding service lawyer by Schaumberg of Adduci Mastriani ＆ , case number is DN3389.
During the investigation that this company still applies for to be in 60 days inside, patent to encroaching its product receives gold of card of be bailed out.
Graph up to committee of American international trade government-owned net, similarly hereinafter
After this, ITC released in its official net " receive complain an announcement and collect the review that involves public increase " PDF announcement. Announcement says, consumer concerns the written opinion book of public interest, must not be in at informing originally oneself behindhand " confederative bulletin " after 8 weekday since published day.
According to the is accused firm list that Neodron submits, except associate much home company still includes outside the group. List is as follows:
Yamaxun company (Amazon.com Inc. , seattle, WA) ;
Company of the technology that wear Er (Dell Technologies Inc. , round Rock, TX) ;
HP company (Hewlett Packard Enterprise Company, san Jose, CA) ;
Associate group (Lenovo Group Ltd. , china) ;
Associate (the United States) company (Lenovo (United States) Inc. , morrisville, NC) ;
Microsoft (Microsoft Corporation, redmond, WA) ;
Company of Motolora shift technology (Motorola Mobility LLC, chicago, IL) ;
SamSung electron limited company (Samsung Electronics Co. , ltd. , south Korea) ;
Company of SamSung electron United States (Samsung Electronics America, inc. , ridgefield Park, NJ)
Show according to the information of committee of American international trade, neodron company accuses 7 afore-mentioned companies (computational subsidiary is 9) encroached its patent date to be 8432173, 8791910, 9024790, 4 patent of 9372580.
Patent of observer inquiry United States and brand bureau (USPTO) show, 4 afore-mentioned patent press it is respectively orderly early or late:
Enhanced Touch Detection Methods (increase model feeling detects method) ;
Capacitive Keyboard With Position-dependent Reduced Keying Ambiguity (reduced key to accuse faintness and the capacitance type clavier related to the position) ;
Capacitive Keyboard With Non-locking Reduced Keying Ambiguity (reduced key to accuse faintness and the capacitance type clavier that has blame lock to decide a function) ;
Capacitive Position Sensor (sensor of capacitance type position)
But Neodron company does not have specific specification which company violated which patent.
The United States " passed tax law 1930 " the 337th regulation, if exist,include entrance and the product that make in the United States " unfair action " (did not involve tort, beard proof is caused to American industry damage) or " wrong step " (involve tort, the person that need not prove pair of beautiful trade is caused damage) , classics ITC affirms via investigation belong to fact hind, can issue an order, take relief step.
ITC is in after receiving application proposal, should make within 30 days whether the decision that put on record investigates, inform experience case of the manufacturer. Be accused to just answer to inform in ITC service sun rises 20 days inside, written to investigating item to refer rejoin opinion, will regard waive the right as otherwise. ITC can expect the target date that investigation finishs in the set after 45 days. ITC should refer findings and ruling the president to make final decision inside 60 days, the president has authority to overrule.
Specific and character, the relief measure of 337 clauses is as follows:
Eliminate to make in the round: Prohibit all tort commodity enters American market, do not distinguish producing area and entrance source, and include all practitioner, do not be restricted to be accused square.
Finite eliminate to make: Prohibit be being accused the tort product of the enterprise enters American market.
Stop with prohibit making: Prohibit be being accused to just pursue the action that concerns with tort behavior, include to prohibit the tort product sale on American market, inventory, conduct propaganda, advertisement.
Distrain and confiscate your: If ITC is released,eliminate to make, foreign enterprise still disregards a command to export goods American market, the distrain that American custom can release according to ITC and confiscate your, undertake to the commodity such as this distrain is reached confiscate.
Amerce: If relevant party violates ITC order, will be faced with everyday the amerce of 100 thousand dollar, or the commodity value that is equivalent to violating exit to go to the United States everyday the civil penalty of double, take by ITC both in higher amount person of punishment.
Look so, associate, SamSung, and American enterprise HP, Microsoft, Dai Er fear having the risk that is prohibited selling the equipment such as computer in the United States.
Actually, couplet considers a group for, this is not first time to face 337 investigation. December 2018, associate to also dominate 337 investigation, accuse just be Tela Innovations of company of American patent accredit. This company points to say its export the United States, entrance is in the beauty, perhaps sell in the United States " product of specific integrated circuit " (Certain Integrated Circuits And Products Containing The Same) the patent that is suspected of encroaching this company.
In Tela Innovations accusation, at the same time of the accused still have Taiwan grand Chang , Hua Shuo and small bit science and technology (MSI) wait for a company (the subsidiary that above company is in the United States also be charged with) , and American Intel company.
Nevertheless, on March 11, 2019, ITC releases announcement to say in its official net, "Through having this investigation, committee of American international trade has not make any decisions to the details of a case of the case. Committee of American international trade has not make any decisions to the details of a case of the case..
Additional, more notable is, associate the group is in before this 2017, 2016, waited to also encounter the United States 2015 " 337 investigation " , but processing agrees almost as a result, all be " committee of American international trade has not make any decisions to the details of a case of the case " .
Editor-in-charge | Yu Yang
Examine and verify | Qiu Li
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