Ampex Requests Import Investigation Against Sanyo

On May 25, 2004, Ampex Corporation filed a "Section 337" complaint at the U.S. International Trade Commission requesting an unfair import investigation involving "Digital Image Storage and Retrieval Devices." The proposed respondent named in the complaint is Sanyo Electric Co., Ltd., Osaka, Japan. The complaint has been designated as confidential and assigned Docket No. 337-2375 for indexing in the Commission's database at https://edis.usitc.gov/hvwebex//.

 

The Commission now has 30-35 days from the dates indicated above in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written initial determination, usually within about 10 months. Due to the expedited nature of these proceedings, it is important to notify any interested parties as soon as possible.

 

In other ITC news, Administrative Law Judge Bullock's determination in "Zero-Mercury-Added Alkaline Batteries," Investigation No. 337-TA-493, concerning infringement of U.S. Patent No. 5,464,709, by imports from China, Hong Kong, Indonesia, Japan, and Singapore, is expected to be published on June 2, 2004.  Various respondents, including Energizer Holdings and Eveready Battery, have already settled-out of that investigation with Consent Orders.  Sanyo has so far been able to remain out of the fray in that investigation, instead focusing on a technology collaboration with Rayovac for rapid-charging Ni-MH batteries based upon Rayovac's "in-cell charge" technology.

 

A new, searchable database of "Scheduled U.S. Tariff Reductions" is also available from the ITC at http://dataweb.usitc.gov/scripts/tariff_reduction.asp.  And, last but not least, exporters around the world can now benefit from a new practical guide on intellectual property for exporters published this month by the World Intellectual Property Organization and the International Trade Centre. "Secrets of Intellectual Property: a Guide for Small and Medium-sized Exporters" provides practical guidance on how to deal with some of the most common intellectual property issues encountered by exporters. This user-friendly guide is written in the form of questions and answers, and contains a large number of references for further reading at http://www.wipo.int/sme/en/documents/guides/guide_secrets_ip.html.

 

General information about Section 337 investigations is available from the APLF at http://www.aplf.org/events/roundtables/2002-06-20.shtml. For more information on these particular investigations, please contact Minh Nguyen (Minh.Nguyen@tkhr.com) and Bill Heinze (Bill.Heinze@tkhr.com) at Thomas, Kayden, Horstemeyer & Risley in Atlanta.