On January 11, 2024, the U.S. International Trade Commission (ITC) voted to initiate a 337 investigation (Case No. 337-TA-1387) targeting certain electronic computing devices, and components and modules thereof. This decision adds another layer of regulatory oversight to international trade laws governing such products.

The investigation originated on December 12, 2023, when Swedens Telefonaktiebolaget LM Ericsson filed a 337 investigation application with the U.S. ITC. Ericsson alleged that the importation and sale of said products in the U.S. violated Section 337 by infringing U.S. patents No. 9,641,841, 10,142,659, 10,708,618, and 10,708,613. Based on these claims, Ericsson requested the ITC to issue limited exclusion orders and cease-and-desist orders.

In this investigation, companies named as defendants include Lenovo (United States) Inc. of Morrisville, NC; Lenovo Group Limited of Beijing, China; Lenovo (Shanghai) Electronics Technology Co., Ltd. of Shanghai, China; Lenovo Beijing Co., Limited of Beijing, China; Lenovo PC HK Limited of Hong Kong, China; and Lenovo Information Products (Shenzhen) Co. Ltd. of Guangdong, China.

The U.S. International Trade Commission will determine the investigations conclusion date within 45 days of initiation. Unless vetoed by the U.S. Trade Representative for policy reasons, any remedial orders issued in 337 cases will take effect immediately upon issuance and become final after 60 days.

The initiation of this 337 investigation holds significant implications for involved enterprises. It concerns both intellectual property protection and these companies competitive positions in global markets. For companies like Lenovo, this investigation may profoundly impact their international operations and market strategies.

337 investigations serve as crucial tools for the U.S. International Trade Commission to protect American markets from unfair trade practices. The outcome may lead to import bans, significantly affecting international trade of implicated products. As the investigation proceeds, global manufacturers and distributors of electronic computing devices and components will closely monitor its results and potential impacts on worldwide markets.

Original announcement:https://www.usitc.gov/press_room/news_release/2024/er0111_64747.htm