The International Trade Comission has received a complaint against the respondents (defending parties), Nikon Coporation of Japan, Nikon Research Corporation of America of Belmont, CA; and Nikon Precision Inc. Of Belmont, CA. The complaint surrounds certain Lithography machines, components or systems that allegedly violate section 337 of the Tariff Act of 1930 from the sale for importation, importation into, and sale of imported articles within. The complaint also extends a request to IT to enact the following punitive actions,
- issue a limited exclusion order (excludes products from import into the United States)
- Cease and desist order
- Bonds against alleged infringing articles from the respondent
It is normal for an investigation to follow a request, as it is rare the ITC does not investigate.
After the complaint has been filed, investigation is instituted; it is assigned to an Administrative Law Judge. The ADJ conducts and sits for a hearing, and if the trial results in the issuance of an initial determination the is reviewed by the ITC. Evidence is submitted by the complainant, the respondents, and the Commission Investigative Attorney.
The ITC’s office of Unfair Import Investigations employs a Staff Attorney who creates a complete record of facts and laws relevant to the complaint, and primarily is there to protect the public interest and can be present for all stages of trial or only the part specific to section 337. Section 337 violation needs to establish against the respondents:
Unfair competition or act.
Importing, sale for importing, sale after import of the alleged infringing articles.
The product must relate to an existing domestic industry
The alleged unfair act, threatens to or causes injury
Regulation Regular comments on actions of government agencies with an explanation and examination for stratagem or opportunity.
In an effort to find opportunity for entrepreneurial and investment efforts, I have begun to monitor more actions from governmental agencies regarding regulations. This segment aims to highlight interesting developments in the business environment including competitors, regulations, or interesting occurrences.
THIS IS NOT LEGAL ADVICE. THIS IS COMMENTARY ON REGULATION.
Regulations can be a source of opportunity, as they make a major part in the determination of barriers to entry. An industry or practice is difficult to enter if there is a significant amount of regulative procedures and requirements, versus when restrictions are removed an opportunity may be presented. In this way we are doing our small part to encourage an informed people.
We start from modest beginnings but continue to identify, develop, and research opportunity and strategy for entrepreneurs, to better develop business ideas.