Intellectual property
USITC Institutes Section 337 Investigation of Certain Network Devices, Related Software, and Components Thereof (II)
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof. At issue in the investigations are certain types of network devices, such as switches, with particular functionalities relating to network performance, security, and/or management.
The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 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 network devices, related software, and components thereof that infringe patents asserted by Cisco Systems. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.
By instituting this investigation (337-TA-945), 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.
USITC Institutes Section 337 Investigation of Certain Network Devices, Related Software, and Components Thereof (I)
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof. At issue in the investigations are certain types of network devices, such as switches and routers with particular configuration management, upgrade, recovery, security, and scalability functionalities.
The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 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 network devices, related software, and components thereof that infringe patents asserted by Cisco Systems. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.
By instituting this investigation (337-TA-944), 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.
USITC Institutes Section 337 Investigation of Certain Sleep Disordered Breathing Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep disordered breathing systems and components thereof. The products at issue in this investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.
The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc. of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on July 19, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain sleep disordered breathing systems and components thereof that infringe patents asserted by ResMed. 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:
BMC Medical Co., Ltd. of Beijing, China;
3B Medical, Inc. of Lake Wales, FL; and
3B Products, L.L.C. of Lake Wales, FL.
By instituting this investigation (337-TA-890), 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.
USITC Institutes Section 337 Investigation of Certain Flash Memory Chips and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory chips and products containing the same. The products at issue in this investigation are flash memory chips used in devices such as laptops, wireless routers, video game consoles, handheld gaming devices, and game cartridges.
The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on August 1, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash memory chips and products containing the same that infringe patents asserted by Spansion. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Macronix International Co, Ltd., of Hsin-chu, Taiwan;
Macronix America, Inc., of Milpitas, CA;
Macronix Asia Limited of Kanagawa Pref., Japan;
Macronix (Hong Kong) Co., Ltd., of Sa Tin, N.T., Hong Kong;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
ASUSTek Computer Inc. of Taipei, Taiwan;
Asus Computer International of Fremont, CA;
Belkin International, Inc., of Playa Vista, CA;
D-Link Corporation of Taipei City, Taiwan;
D-Link System, Inc., of Fountain Valley, CA;
Netgear Inc., San Jose, CA;
Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.
By instituting this investigation (337-TA-893), 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.
USITC Institutes Section 337 Investigation of Certain Point-to-Point Network Communication Devices and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain point-to-point network communication devices and products containing same. The products at issue in this investigation are smartphone handsets, tablet computers, eReaders, smart TVs, gaming consoles, Blu-ray players, VoIP phones, and set-top boxes that have methods for establishing point-to-point communication links over a network and/or programs or interfaces for establishing the link.
The investigation is based on a complaint filed by Straight Path IP Group Inc. of Glen Allen, VA, on August 1, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain point-to-point network communication devices and products containing same that infringe patents asserted by Straight Path. 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:
AmTran Logistics, Inc., of Irvine, CA;
AmTran Technology Co., Ltd., of New Taipei City, Taiwan;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG El ectronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Sharp Corporation of Osaka, Japan;
Sharp Electronics Corporation of Mahwah, NJ;
Sony Computer Entertainment, Inc., of Tokyo, Japan;
Sony Computer Entertainment America, Inc., of Tokyo, Japan;
Sony Computer Entertainment America LLC of Foster City, CA;
Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY;
Sony Electronics Inc. of San Diego, CA;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA) Inc. of Research Triangle Park, NC;
Sony Ericsson Mobile Communications (USA) Inc. of Atlanta, GA;
Toshiba Corporation of Tokyo, Japan;
Toshiba America Inc. of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA; and
Vizio, Inc. of Irvine, CA.
By instituting this investigation (337-TA-892), 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.
USITC Institutes Section 337 Investigation of Certain Flash Memory Chips and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory chips and products containing the same. The products at issue in this investigation are flash memory chips used in devices such as laptops, wireless routers, video game consoles, handheld gaming devices, and game cartridges.
The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on August 1, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash memory chips and products containing the same that infringe patents asserted by Spansion. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Macronix International Co, Ltd., of Hsin-chu, Taiwan;
Macronix America, Inc., of Milpitas, CA;
Macronix Asia Limited of Kanagawa Pref., Japan;
Macronix (Hong Kong) Co., Ltd., of Sa Tin, N.T., Hong Kong;
Acer Inc. of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
ASUSTek Computer Inc. of Taipei, Taiwan;
Asus Computer International of Fremont, CA;
Belkin International, Inc., of Playa Vista, CA;
D-Link Corporation of Taipei City, Taiwan;
D-Link System, Inc., of Fountain Valley, CA;
Netgear Inc., San Jose, CA;
Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.
By instituting this investigation (337-TA-893), 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.
USITC Institutes Section 337 Investigation of Certain Tires and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain tires and products containing same. The products at issue in this investigation are tires with certain tread designs and sidewall designs.
The investigation is based on a complaint filed by Toyo Tire & Rubber Co., Ltd, of Osaka, Japan; Toyo Tire Holdings of Americas Inc. of Cypress, CA; Toyo Tire U.S.A. Corp. of Cypress, CA; Nitto Tire U.S.A. Inc. of Cypress, CA; and Toyo Tire North America Manufacturing Inc. of White, GA, on August 14, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tires and products containing same 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:
Hong Kong Tri-Ace Tire Co., Ltd., of China;
Weifang Shunfuchang Rubber & Plastic Co., Ltd., of China;
Doublestar Dong Feng Tyre Co., Ltd., of China;
Shandong Yongtai Chemical Group Co., Ltd., of China;
MHT Luxury Alloys of Rancho Dominguez, CA;
Wheel Warehouse, Inc., of Anaheim, CA;
Shandong Linglong Tyre Co., Ltd., of China;
Dunlap & Kyle Company, Inc. d/b/a Gateway Tire and Service of Batesville, MS;
Unicorn Tire Corp of Memphis, TN;
West KY Customs, LLC, of Benton, KY;
Svizz-One Corporation Ltd. of Thailand;
South China Tire and Rubber Co., Ltd., of China;
American Omni Trading Co., LLC, of Houston, TX;
Tire & Wheel Master, Inc., of Stockton, CA;
Simple Tire of Cookeville, TN;
WTD Inc. of Cerritos, CA;
Guangzhou South China Tire & Rubber Co., Ltd., of China;
Turbo Wholesale Tires, Inc., of Irwindale, CA;
TireCrawler.com of Downey, CA;
Lexani Tires Worldwide, Inc., of Irwindale, CA;
Vittore Wheel & Tire of Asheboro, NC; and
RTM Wheel & Tire of Asheboro, NC.
By instituting this investigation (337-TA-894), 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.
USITC Institutes Section 337 Investigation of Certain Multiple Mode Outdoor Grills and Parts Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multiple mode outdoor grills and parts thereof. The products at issue in this investigation are multiple-mode outdoor grills that enable a user to cook food using either a gas-based fuel or a solid fuel such as charcoal or wood, or use both modes simultaneously.
The investigation is based on a complaint filed by A&J Manufacturing LLC of St. Simons, GA and A&J Manufacturing, Inc. of Green Cove Springs, FL on August 21, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain multiple mode outdoor grills and parts thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
The Brinkman Corporation of Dallas, TX;
W.C. Bradley Co. of Columbus, GA;
GHP Group, Inc. of Morton Grove, IL;
Kamado Joe Company of Duluth, GA;
Outdoor Leisure Products, Inc. of Neosho, MO;
Rankam Group of Gardena, CA;
Academy Ltd., d/b/a Academy Sports and Outdoors, of Katy, TX;
HEB Grocery Company, LP, d/b/a H-E-B, of San Antonio, TX;
Kmart Corporation of Hoffman Estates, IL;
Sears Brands Management Corporation of Hoffman Estates, IL;
Sears Holdings Corporation of Hoffman Estates, IL;
Sears, Roebuck & Company of Hoffman Estates, IL;
Tractor Supply Company of Brentwood, TN;
Guangdong Canbo Electrical Co., Ltd. of Foshan City, Guangdong Province, China;
Chant Kitchen Equipment (HK), Ltd. of Hong Kong, China;
Dongguan Kingsun Enterprises Co., Ltd. of Dongguan City, China;
Zhejiang Fudeer Electric Appliance Co., Ltd. of Zhejiang Province, China;
Ningbo Huige Outdoor Products Co., Ltd. of Fenghua City, Zhejiang Province, China;
Keesung Manufacturing Co., Ltd. of Panyu, Guangzhou, China;
Ningbo Spring Communication Technologies Co. Ltd. of Ningbo Zhejiang, China; and
Wuxi Joyray International Corp. of Wuxi, Jiangsu, China.
By instituting this investigation (337-TA-895), 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.
USITC Institutes Section 337 Investigation of Certain Thermal Support Devices for Infants, Infant Incubators, Infant Warmers, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain thermal support devices for infants, infant incubators, infant warmers, and components thereof. The products at issue in this investigation are incubators and warming devices that provide thermoregulation of patients, often premature infants.
The investigation is based on a complaint filed by Draeger Medical Systems, Inc., of Telford, PA, on August 29, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain thermal support devices for infants, infant incubators, infant warmers, and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified Atom Medical International, Inc., of Tokyo, Japan, as the respondent in this investigation.
By instituting this investigation (337-TA-896), 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.
USITC Institutes Section 337 Investigation of Certain Optical Disc Drives, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optical disc drives, components thereof, and products containing the same. The products at issue in this investigation are certain optical disc drives for products such as desktop and laptop computers, computer storage devices, network attached storage devices, DVD and Blu-ray players/recorders, CD players, televisions, console gaming systems, and servers, and components of the drives (for example, integrated circuits and chipsets), and products containing such drives and/or components.
The investigation is based on a complaint filed by Optical Devices, LLC, of Peterborough, NH, on September 3, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optical disc drives, components thereof, and products containing the same that infringe patents asserted by the complainant. 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:
Lenovo Group Ltd., of Quarry Bay, Hong Kong;
Lenovo (United States) Inc., of Morrisville, NC;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A. Inc., of Englewood Cliffs, NJ;
Nintendo Co., Ltd., of Kyoto, Japan;
Nintendo of America, Inc., of Redmond, WA;
Panasonic Corp., of Osaka, Japan;
Panasonic Corporation of North America, of Secaucus, NJ;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Toshiba Corporation, of Tokyo, Japan;
Toshiba America Information Systems, Inc., of Irvine, CA;
MediaTek, Inc., of Hsinchu City, Taiwan; and
MediaTek USA Inc., of San Jose, CA.
By instituting this investigation (337-TA-897), 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.