The United States International Trade Commission (USITC) has voted to institute an investigation of certain RFID products and components thereof. The products at issue in this investigation are ISO 18000-6C compatible RFID transponders, RFID inlays, and RFID readers and their components.
The investigation is based on a complaint filed by Neology Inc., of Poway, Calif., in February, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain RFID products and components thereof that infringe patents asserted by Neology. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
- Federal Signal Corporation of Oakbrook, Ill.
- Federal Signal Technologies, LLC, of Irvine, Calif.
- Sirit Corp. of Irvine, Calif.
- 3M Company of St. Paul, Minn.
By instituting this investigation (337-TA-875), the USITC has not yet made any decision on the merits of the case. The USITC will assign the case to one of the its 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 stated 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 U.S. Trade Representative within that 60-day period.