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Archived updates for Thursday, May 19, 2005

BenQ Requests Unfair Import Investigation Against Thomson

On May 17, 2005, Gary Hnath filed a "Section 337" unfair import complaint at the U.S. International Trade Commission on behalf of BenQ Corporation requesting that an unfair import investigation be instituted involving "DVD/CD players and recorders, Color Television Receivers and Display Monitors."

The proposed respondents is Thomson, Incorporated of Indianapolis, Indiana. The complaint has been designated as confidential and assigned Docket No. 337-2429 for indexing in the Commission's database.

The Commission now has 30-35 days from the filing date of the complaint 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, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

Click here for more information on the importance of monitoring these ITC investigations. For the latest details on a particular Section 337 investigation, or to arrange a free, in-person presentation on these (and/or other) intellectual property topics, contact Bill Heinze (, at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia
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