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Monday, April 26, 2010
USITC To Inverstigate Apple's Touchscreen Technology

The U.S. International Trade Commission (USITC) will institute an investigation of Apple's devices featuring multi-touch enabled touchpads and touchscreens.

The products at issue in this investigation are electronic devices such as mobile telephones and computers that have multi-touch user interfaces, the USITC said.

The investigation is based on a complaint filed by Elan Microelectronics Corporation of Taiwan on March 29, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices with multi-touch enabled touchpads and touchscreens that infringe a patent asserted by Elan. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-714), 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.

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