Intellectual property
USITC Institutes Section 337 Investigation on Certain Mobile Electronic Devices Incorporating Haptics
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics. The products at issue in this investigation are smartphones with a feature that signals the user when a key or icon has been touched, for example by vibrating or pulsing in response to the touch.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 7, 2012. An amended complaint was filed on March 2, 2012 and a letter supplementing the complaint was filed on March 15, 2012. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile devices incorporating haptics that infringe patents asserted by Immersion Corporation. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Motorola Mobility, Inc., of Libertyville, IL;
Motorola Mobility Holdings, Inc., of Libertyville, IL;
HTC Corporation of Taiwan; and
HTC America, Inc., of Bellevue, WA
By instituting this investigation (337-TA-834), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Position Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same. The products at issue in this investigation are incremental dental positioning adjustment appliances, or orthodontic aligners, and the digital models, digital data, and treatment plans used to manufacture those appliances.
The investigation is based on a complaint filed by Align Technology, Inc., of San Jose, CA, on March 1, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same that infringe patents asserted by Align Technology. The complainant requests that the USITC issue cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clearcorrect Pakistan (Private), Ltd., of Pakistan; and
Clearcorrect Operating, LLC, of Houston, TX.
By instituting this investigation (337-TA-833), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Ink Application Devices and Components Thereof and Methods of Using the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain ink application devices and components thereof, and methods of using the same. The products at issue in this investigation are ink application devices used in tattooing and permanent makeup application, specifically disposable needle cartridges designed to reduce health risks associated with the application.
The investigation is based on a complaint filed by MT.Derm GmbH of Germany and Nouveau Cosmetique USA Inc. of Orlando, FL, on January 30, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain ink application devices and components thereof, and methods of using the same, that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
T-Tech Tattoo Device Inc. of Canada;
Yiwu Beyond Tattoo Equipments Co., Ltd. of China; and
Guangzhou Pengcheng Cosmetology Firm of China.
By instituting this investigation (337-TA-832), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Electronic Devices for Capturing and Transmitting Images, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices for capturing and transmitting images and components thereof. The products at issue in this investigation are camera phones, tablet computers, and other handheld devices for capturing and transmitting images.
The investigation is based on a complaint filed by Eastman Kodak Company of Rochester, NY, on January 10, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices for capturing and transmitting images and components thereof that infringe patents asserted by Kodak. 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:
Apple Inc., of Cupertino, CA;
High Tech Computer Corp. a/k/a HTC Corp., of Taiwan;
HTC America, Inc., of Bellevue, WA; and
Exedea, Inc., of Houston, TX.
By instituting this investigation (337-TA-831), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Dimmable Compact Fluorescent Lamps and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dimmable compact fluorescent lamps and products containing same. The products at issue in this investigation are dimmable compact fluorescent lamps (CFLs), which are light bulbs that function as direct replacements for dimmable incandescent light bulbs.
The investigation is based on an amended complaint filed by Andrzej Bobel and Neptun Light, Inc., both of Lake Forest, IL, on February 8, 2012. An original complaint was filed on January 23, 2012. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dimmable compact fluorescent lamps and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SK America, Inc., d/b/a Maxlite, of Fairfield, NJ;
U Lighting America Inc. of San Jose, CA;
Golden U Lighting Manufacturing (Shenzhen) Co. Ltd. of China;
Feit Electric Company, Inc., of Pico Rivera, CA;
General Electric Company of Fairfield, CT;
Xiamen Topstar Lighting Co. Ltd. of China;
Technical Consumer Products, Inc., of Aurora, OH;
TCP China of China;
TCP (Shanghai) Tiancanbao Lighting Electrical Applicance Co., Ltd., of China;
Shanghai Jensing Electron Electrical Equipment Co., Ltd., of China;
Shanghai Qiangling Electronics Co. Ltd. of China; and
Zhejiang Qiang Ling Electronic Co. Ltd. of China.
By instituting this investigation (337-TA-830), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Toner Cartridges and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges and components thereof. The products at issue in this investigation are replaceable toner cartridges for use in laser beam printers and other laser printing machines, and photosensitive drums contained in such cartridges.
The investigation is based on a complaint filed by Canon, Inc., of Japan; Canon U.S.A., Inc., of Lake Success, NY; and Canon Virginia, Inc., of Newport News, VA, on January 23, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Clover Holdings, Inc., of Hoffman Estates, IL;
Clover Technologies Group, LLC, d/b/a Depot International, f/k/a Depot America, f/k/a Image1 Products, of Ottawa, IL;
Clover Vietnam Co., Ltd., of Ho Chi Minh City, Vietnam;
Dataproducts USA, LLC, of Thousand Oaks, CA;
Dataproducts Imaging Solutions S.A. de C.V. of Mexicali, BC;
CAU, Inc., d/b/a Cartridges Are Us of Ithaca, MI;
Shanghai Orink Infotech International Co., Ltd., of China;
Orink Infotech International Co., Ltd., of Hong Kong;
Zhuhai Rich Imaging Technology Co., Ltd., of China;
Standard Image Co., Ltd., a/k/a Shanghai Orink Co., Ltd., of China;
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., d/b/a Huebon Co., Limited, d/b/a Ink-Tank, of China;
Standard Image USA, Inc., d/b/a Imaging Standard Inc. of Santa Ana, CA;
Printronic Corporation, d/b/a Printronic.com, d/b/a InkSmile.com, of Santa Ana, CA;
Nukote, Inc., of Plano, TX;
Nukote Internacional de Mexico, S.A. de C.V., of Mexico;
Acecom, Inc. - San Antonio d/b/a InkSell.com, of San Antonio, TX;
Atman, Inc., d/b/a pcRUSH.com, of El Segundo, CA;
Dexxxon Digital Storage, Inc., of Lewis Center, OH;
Discount Office Items, Inc., of Columbus, WI;
Deal Express LLC d/b/a Discount Office Items of Columbus, WI;
Do It Wiser LLC d/b/a Image Toner of Marietta, GA;
E-Max Group, Inc., d/b/a Databazaar.com of Miramar, FL;
Green Project, Inc., of Hacienda Heights, CA;
GreenLine Paper Company, Inc., of York, PA;
IJSS Inc., d/b/a TonerZone.com, d/b/a InkJetSuperstore.com of Los Angeles, CA;
Imaging Resources, LLC, of Chatsworth, CA;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
Myriad Greeyn LLC of Virginia Beach, VA;
Office World, Inc., of Eugene, OR;
OfficeWorld.com, Inc., of Eugene, OR;
OnlineTechStores.com, Inc., d/b/a SuppliesOutlet.com of Reno, NV;
SupplyBuy.com, Inc., of Nashville, TN;
Virtual Imaging Products Inc. of Canada; and
Zinyaw LLC d/b/a TonerPirate.com, of Houston, TX.
By instituting this investigation (337-TA-829), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Video Displays and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video displays and products using and containing same. The products at issue in this investigation are computer monitors and televisions.
The investigation is based on a complaint filed by Mondis Technology, Ltd., London, England, on January 13, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain video displays and products using and containing same that infringe patents asserted by Mondis. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Chimei Innolux Corporation of Taiwan; and
Innolux Corporation of Austin, TX.
By instituting this investigation (337-TA-828), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Electric Fireplaces, Components Thereof, and Manuals for Same, Processes for Manufacturing or Relating to Same, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric firelplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same. The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace.
The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL, and TS Investment Holding Corp. of Miami, FL, on December 13, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract. The complainants request that the USITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.
The USITC has identified the following as respondents in this investigation:
Shenzhen Reliap Industrial Co. of China;
Yue Qiu Sheng (aka Jason Yue) of China; and
Whalen Furniture Manufacturing Inc. of San Diego, CA.
By instituting this investigation (337-TA-826), the USITC has not yet made any decision on the merits of the case. However, the USITC has determined to consolidate this investigation with a related investigation (337-TA-791). The USITC's Chief Administrative Law Judge will assign the consolidated case to one of the USITC's 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 will make a final determination in the consolidated investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a new 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.
USITC Institutes Section 337 Investigation on Certain Silicon Microphone Packages and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon microphone packages and products containing same. The products at issue in this investigation are silicon microphone packages.
The investigation is based on a complaint filed by Knowles Electronics, LLC, of Itasca, IL, on December 7, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain silicon microphone packages and products containing same that infringe patents asserted by Knowles Electronics. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Analog Devices Inc. of Norwood, MA;
Amkor Technology, Inc., of Chandler, AZ; and
Avnet Inc. of Phoenix, AZ.
By instituting this investigation (337-TA-825), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.
USITC Institutes Section 337 Investigation on Certain Blu-Ray Disc Players, Components Thereof, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain Blu-ray disc players, components thereof, and products containing same. The products at issue in this investigation are Blu-ray disc players that incorporate features known as BD-Live (Profile 2.0) and/or BonusView (Profile 1.1).
The investigation is based on a complaint filed by Walker Digital, LLC of Stamford, CT, on December 2, 2011. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain Blu-ray disc players, components thereof, and products containing same that infringe a patent asserted by Walker Digital. 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:
D&M Holdings, Inc., of Japan;
D&M Holdings US, Inc., of Mahwah, NJ;
Denon Electronics (USA) LLC of Mahwah, NJ;
Funai Electric Co., Ltd., of Japan;
Funai Corporation, Inc., of Rutherford, NJ;
Haier Group Corporation of China;
Haier America Trading, LLC, of New York, NY;
Harman International Industries, Inc., of Stamford, CT;
Inkel Corporation of South Korea;
LG Electronics, Inc., of South Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
Marantz America LLC of Mahwah, NJ;
Onkyo Sound & Vision Corporation of Japan;
Onkyo USA Corporation of Upper Saddle River, NJ;
Orion America, Inc., of Princeton, NJ;
Orion Electric Co., Ltd., of Japan;
Panasonic Corporation of Japan;
Panasonic Corporation of North America of Seacaucus, NJ;
P&F USA, Inc., of Alpharetta, GA;
Philips Electronics North America Corp. of Andover, MA;
Pioneer Corporation of Japan;
Pioneer Electronics (USA) Inc. of Long Beach, CA;
Samsung Electronics Co., Ltd., of South Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Sharp Corporation of Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sherwood America, Inc., of La Mirada, CA;
Sony Corporation of Japan;
Sony Computer Entertainment, Inc., of Japan;
Sony Corporation of America of New York, NY;
Sony Electronics, Inc., of San Diego, CA;
Sony Computer Entertainment America LLC of Foster City, CA;
Toshiba Corporation of Japan;
Toshiba America Information Systems, Inc., of Irvine, CA; and
VIZIO, Inc., of Irvine, CA.
By instituting this investigation (337-TA-824), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's 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 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.