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BD-Live patent owner files infringement case with US int'l trade commission

The US International Trade Commission (USITC) has started an investigation of Blu-ray disc players and devices that incorporate BD-Live (Profile 2.0) features and/or BonusView (Profile 1.1).

The investigation is based on a complaint filed by US company Walker Digital LLC of Stamford (Connecticut) in late December. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of Blu-ray disc players and devices with components that infringe a patent asserted by Walker Digital. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The list of respondents the USITC has identified includes virtually all CE manufacturers (35).

By instituting this investigation, 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 six 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 says it 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 US Trade Representative within that 60-day period.

Story filed 12.01.12

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