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Intellectual property

September 17, 2014

News Release 14-094

Inv. No(s). 337-TA-930

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Laser Abraded Denim Garments

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain laser abraded denim garments. The products at issue in this investigation are denim garments, including jeans and leggings, that have been abraded with a laser to apply designs or to simulate wear.

The investigation is based on a complaint filed by RevoLaze, LLC, and TechnoLines, LLC, both of Westlake, OH, on August 18, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain laser abraded denim garments that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Abercrombie & Fitch Co. of New Albany, OH;
    American Eagle Outfitters, Inc., of Pittsburgh, PA;
    BBC Apparel Group, LLC, of New York, NY;
    Gotham Licensing Group, LLC, of New York, NY;
    The Buckle, Inc., of Kearney, NE;
    Buffalo International ULC of Montreal, Quebec, Canada;
    1724982 Alberta ULC of Montreal, Quebec, Canada;
    Diesel S.p.A. of Breganze (VI), Italy;
    DL1961 Premium Denim Inc. of New York, NY;
    Eddie Bauer LLC of Bellevue, WA;
    The Gap, Inc., of San Francisco, CA;
    Guess?, Inc., of Los Angeles, CA;
    H&M Hennes & Mauritz AB of Stockholm, Sweden;
    H&M Hennes & Mauritz LP of New York, NY;
    Roberto Cavalli S.p.A. of Milan, Italy;
    Koos Manufacturing, Inc., of South Gate, CA;
    Levi Strauss & Co. of San Francisco, CA;
    Lucky Brand Dungarees, Inc., of Los Angeles, CA;
    Fashion Box S.p.A. of Asolo (Treviso), Italy; and
    VF Corporation of Greensboro, NC.

By instituting this investigation (337-TA-930), 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 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.

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September 24, 2014

News Release 14-096

Inv. No(s). 337-TA-931

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Formatted Magnetic Data Storage Tapes and Cartridges Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic storage tapes and cartridges containing the same. The products at issue in this investigation are magnetic tapes used in archival or long-term data storage.

The investigation is based on a complaint filed by Advanced Research Corporation of White Bear Lake, MN, on August 22, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain magnetic storage tapes and cartridges containing the same that infringe patents asserted by the complainant. 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:

    International Business Machines Corp. of Armonk, NY;
    Fujifilm Holdings Corporation of Tokyo, Japan;
    Fujifilm Corporation of Tokyo, Japan; and
    Oracle Corporation of Redwood Shores, CA.

By instituting this investigation (337-TA-931), 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 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.

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August 1, 2014

News Release 14-078

Inv. No(s). 337-TA-923

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Loom Kits for Creating Linked Articles

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain loom kits for creating linked articles. The products at issue in this investigation are children's hobby kits used to link together elastic bands to make articles such as bracelets.

The investigation is based on a complaint filed by Choon's Design Inc. of Wixom, MI, on July 1, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain loom kits for creating linked articles that infringe a patent asserted by Choon's Design. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Wangying of Jinhua, Zhejiang, China;
    Island In The Sun LLC of Little Rock, AR;
    Quality Innovations Inc. of Irwindale, CA;
    Yiwu Mengwang Craft & Art Factory of Yiwu City, Zhejiang, China;
    Shenzhen Xuncent Technology Co., Ltd., of Shenzhen, Guangdong, China;
    Altatac Inc. of Los Angeles, CA;
    My Imports USA LLC of Edison, NJ;
    Jayfinn LLC of Gilbert, AZ;
    Creative Kidstuff, LLC, of Minneapolis, MN;
    Hongkong Haoguan Plastic Hardware Co., Limited, of Shenzhen, Guangdong, China;
    Blinkee.com, LLC, of Fairfax, CA;
    Eyyup Arga of Lodi, NJ; and
    Itcoolnomore of Jinhua, Zhejiang, China.

By instituting this investigation (337-TA-923), 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 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.

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August 7, 2014

News Release 14-081

Inv. No(s). 337-TA-924

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Light Reflectors and Components, Packaging, and Related Advertising Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light reflectors and components, packaging, and related advertising thereof. The products at issue in this investigation are light reflectors used in indoor and greenhouse gardening.

The investigation is based on a complaint filed by Sunlight Supply, Inc., of Vancouver, WA, and IP Holdings, LLC, of Vancouver, WA, on June 20, 2014. An amended complaint was filed on July 11, 2014. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 by reason of the importation into the United States and sale of certain light reflectors and components, packaging, and related advertising thereof that infringe patents and registered U.S. trademarks asserted by the complainants, and by reason of false advertising. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Sinowell (Shanghai) Co., Ltd., of Shanghai, China;
    Sinohydro Ltd. of Hong Kong, China;
    Groco Enterprises, LLC, of Bellevue, WA;
    Good Nature Garden Supply of Sacramento, CA;
    Aqua Serene, Inc., of Eugene, OR;
    Aurora Innovations, Inc., of Eugene, OR;
    Big Daddy Garden Supply, Inc., of Ukiah, CA;
    Bizright, LLC, of City of Industry, CA;
    The Hydro Source II, Inc., of Santa Fe Springs, CA;
    Insun, LLC, of Bellevue, WA;
    Lumz'N Blooms, Ltd. Corp. of Apopka, FL;
    Parlux LP of Snohomish, WA;
    Silversun, Inc., of Gig Harbor, WA; and
    Zimbali Group, Inc., of Bellevue, WA.

By instituting this investigation (337-TA-923), 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 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.

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August 15, 2014

News Release 14-082

Inv. No(s). 337-TA-925

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Communications or Computing Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain communications or computing devices and components thereof. The products at issue in this investigation include smartphones, tablet computers, media players, laptop computers, and other communication and computing-capable consumer electronic devices.

The investigation is based on a complaint filed by Enterprise Systems Technologies, S.a.r.l., of Luxembourg on July 16, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain communications or computing devices and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

    Apple Inc. of Cupertino, CA;
    Cirrus Logic Inc. of Austin, TX;
    HTC Corporation of Taoyuan, Taiwan;
    HTC America, Inc., of Bellevue, WA;
    LG Electronics, Inc., of Seoul, Republic of Korea;
    LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
    LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
    Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
    Samsung Electronics America, Inc., of Ridgefield Park, NJ;
    Samsung Telecommunications America, L.L.C., of Richardson, TX.

By instituting this investigation (337-TA-925), 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 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.

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August 15, 2014

News Release 14-084

Inv. No(s). 337-TA-926

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain marine sonar imaging systems, products containing the same, and components thereof. The products at issue in this investigation are side-scan, sonar imaging systems-typically referred to as "fishfinders."

The investigation is based on a complaint filed by Johnson Outdoors Inc. of Racine, WI, and Johnson Outdoors Marine Electronics, Inc., of Eufaula, AL, on July 18, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain marine sonar imaging systems, products containing the same, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Garmin International, Inc., of Olathe, KS;
    Garmin North America, Inc., of Olathe, KS;
    Garmin USA, Inc., of Olathe, KS; and
    Garmin Corporation of New Taipei City, Taiwan.

By instituting this investigation (337-TA-926), 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 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.

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August 27, 2014

News Release 14-087

Inv. No(s). 337-TA-927

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Noise Cancelling Headphones and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain noise cancelling headphones and components thereof. The products at issue in this investigation are headphones for personal use with active noise-cancelling capabilities that are used to reduce unwanted ambient noise.

The investigation is based on a complaint filed by Bose Corporation of Framingham, MA, on July 25, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain noise cancelling headphones and components thereof that infringe patents asserted by Bose. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Beats Electronics, LLC, of Culver City, CA;
    Beats Electronics International Ltd. of Dublin, Ireland;
    Fugang Electronic (Dong Guan) Co., Ltd., of Dong-Guan, Guang Dong, China; and
    PCH International Ltd. of Cork, Ireland.

By instituting this investigation (337-TA-927), 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 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.

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August 27, 2014

News Release 14-088

Inv. No(s). 337-TA-928

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Windshield Wipers and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain windshield wipers and components thereof. The products at issue in this investigation are windshield wipers and wiper blade couplers for connecting the windshield wipers to wiper arms.

The investigation is based on a complaint filed by Valeo North America, Inc., of Troy, MI, and Delmex de Juarez S. de R.L. de C.V. of Chihuahua, Mexico, on July 25, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain windshield wipers and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

    Federal-Mogul Corp. of Southfield, MI;
    Federal-Mogul Vehicle Component Solutions, Inc., of Southfield, MI;
    Federal-Mogul S.A. of Aubange, Belgium.

By instituting this investigation (337-TA-928), 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 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.

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July 9, 2014

News Release 14-070

Inv. No(s). 337-TA-921

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof. The products at issue in this investigation are marine sonar imaging devices, including devices to scan underwater at the sides of and beneath boats. These devices are commonly used as fishfinders, fishfinder/GPS combinations, chart plotters, marine multi-function displays, sonar modules and sonar transducers.

The investigation is based on a complaint filed by Navico, Inc., of Tulsa, OK, and Navico Holding AS of Egersund, Norway, on June 9, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain marine sonar imaging devices, including downscan and sidescan devices, and products containing the same, and components thereof, that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

    Garmin International, Inc., of Olathe, KS;
    Garmin North America, Inc., of Olathe, KS;
    Garmin USA, Inc., of Olathe, KS; and
    Garmin (Asia) Corporation of New Taipei City, Taiwan.

By instituting this investigation (337-TA-921), 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 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.

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June 6, 2014

News Release 14-056

Inv. No(s). 337-TA-917

Contact: Peg O'Laughlin, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Silicon Tuners and Products Containing Same, Including Television Tuners

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon tuners and products containing same, including television tuners. The products at issue in this investigation are used, for example, in products that allow consumers to receive broadcast television programs and watch or record them on a computer.

The investigation is based on a complaint filed by Silicon Laboratories Inc., of Austin, TX, on May 6, 2014. 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 tuners and products containing same, including television tuners, that infringe patents asserted by Silicon Laboratories. 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:

    Cresta Technology Corporation of Santa Clara, CA;
    Hauppauge Digital, Inc., of Hauppauge, NY;
    Hauppauge Computer Works, Inc., of Hauppauge, NY;
    PCTV Systems S.a.r.1., Luxembourg, of Luxembourg; and
    PCTV Systems S.a.r.l. of Braunschweig, Germany.

By instituting this investigation (337-TA-917), 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 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.

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