“USTR is sharpening its focus on small- and medium-sized American businesses to craft new trade policies and enforce existing ones in ways that will help these firms grow exports around the world, and grow jobs here at home,” said U.S. Trade Representative Ron Kirk in a statement. “American companies of all sizes must export their goods and services to get our economy growing again.”

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BTG alleges that some Samsung chips violate its patents on multilevel NAND flash memory. The chips have been used in a range of products including the first-generation iPhone 8GB, MacBook Air, Asus Eee PC netbook, Lenovo ThinkPad X301, Sony Cyber-Shot DSC-T2 camera and flash cards and storage devices, according to the suit.

BTG International is a licensing company that holds these patents on a variety of inventions by T. Gordon White. The International Trade Commission will assign out this case and set a target date to close this case.

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The judge ruled recently in favor of Nokia and found no violation of patent infringement.

InterDigital Chief Executive William Merritt said the company strongly disagreed with the judge’s finding, and “we will exercise our right to petition to the Commission for a review” of the initial determination.

InterDigital also followed with this statement claiming that this case is a small fraction to its 3G portfolio and remains confident in licensing other makers of the 3G headsets.

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The President has until early Fall to decide if he will impose his tariff.

This is really the Obama administration’s first test on whether it is going to be protectionist or not,” said Chad P. Bown, an economics professor at Brandeis University and fellow at the Brookings Institution.

In 2001, the World Trade Organization created section 421 of the trade law after China joined in membership, this allows member countries to restrict Chinese imports if they decide a surge of imported products has damaged domestic businesses. This will be the first time the U.S. has filed for a tariff under this section.

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