The U.S. International Trade Commission (USITC) said Wednesday it had opened a Section 337 investigation into certain electronic devices with audio technologies following a complaint by California-based BoomCloud 360 Inc.
BoomCloud alleges that products imported and sold by Samsung Electronics, Apple and Google infringe certain claims in its audio technology patents. Samsung Electronics America was also named as a respondent.
The company has asked the commission to issue a limited exclusion order, which could block affected products from entering the United States, as well as cease-and-desist orders restricting their sale in the country if infringement is ultimately found.
The USITC stressed that its decision to open the investigation does not constitute a finding of patent infringement. An administrative law judge will hold an evidentiary hearing and make an initial determination, which will be subject to commission review.
The commission will set a target date for completing the investigation within 45 days. Samsung and the other respondents must file responses to the investigation notice within the next 20 days. Samsung has yet to comment on the complaint.
Section 337 investigations mainly deal with alleged intellectual property violations involving imported goods. If the commission ultimately finds a violation, it can order U.S. Customs and Border Protection to block affected imports and issue cease-and-desist orders against respondents.
AJP Takeaways
- The U.S. International Trade Commission has opened a Section 337 patent investigation into Samsung Electronics, Apple and Google over allegations involving BoomCloud 360’s audio technologies.
- BoomCloud is seeking a limited exclusion order and cease-and-desist orders, potentially restricting imports and U.S. sales of affected devices if infringement is ultimately found.
- The probe is at an early stage: the USITC has made no determination on infringement, and a final ruling will follow an administrative law judge’s initial decision and commission review.
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