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Intellectual property

January 8, 2015

News Release 15-003

Inv. No(s). 337-TA-943

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

USITC Institutes Section 337 Investigation of Certain Wireless Headsets

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless headsets.  The products at issue in this investigation are wireless audio devices for receiving audio data, including music data, and include such products as consumer wireless headphones and earphones that receive audio via Bluetooth.

The investigation is based on a complaint filed by One-E-Way, Inc., of Pasadena, CA, on December 8, 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 wireless headphones that infringe patents asserted by One-E-Way.  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:

Sony Corporation of Tokyo, Japan;

Sony Corporation of America of New York, NY;

Sony Electronics, Inc., of San Diego, CA;

Sennheiser Electronic GmbH & Co. KG of Wedemark, Germany;

Sennheiser Electronic Corporation of Old Lyme, CT;

BlueAnt Wireless Pty, Ltd., of Richmond, Australia;

BlueAnt Wireless, Inc., of Chicago, IL;

Creative Technology Ltd. of Singapore;

Creative Labs, Inc., of Milpitas, CA;

Beats Electronics, LLC, of Culver City, CA;

Beats Electronics International Ltd. of Dublin, Ireland;

Jawbone, Inc., of San Francisco, CA; and

GN Netcom A/S d/b/a Jabra of København, Denmark.

By instituting this investigation (337-TA-943), 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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December 23, 2014

News Release 14-130

Inv. No(s). 337-TA-942

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

USITC Institutes Section 337 Investigation Of Certain Wireless Devices, Including Mobile Phones And Tablets III

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless devices, including mobile phones and tablets. The products at issue in this investigation are mobile devices and tablets that include Bluetooth and/or Wi-Fi features and security codes.

The investigation is based on a complaint filed by Pragmatus Mobile, LLC, of Alexandria, VA, on November 24, 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 wireless devices, including mobile phones and tablets that infringe a patent asserted by Pragmatus Mobile. 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:

ASUSTeK Computer, Inc., of Peitou District, Taipei, Taiwan;

ASUS Computer International, Inc., of Fremont, CA; and

ASUS Technology Pte. Ltd. of Eightrium, Singapore.

By instituting this investigation (337-TA-942), 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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December 23, 2014

News Release 14-129

Inv. No(s). 337-TA-941

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

USITC Institutes Section 337 Investigation Of Certain Graphics Processing Chips, Systems On A Chip, And Products Containing The Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain graphics processing chips, systems on a chip, and products containing the same. The products at issue in this investigation are certain graphics processing chips, systems on a chip, graphics carts, computing boards, graphics boards, accelerator cards and modules, and processor modules and products containing the same.

The investigation is based on a complaint filed by Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea, and Samsung Austin Semiconductor, LLC, of Austin, TX, on November 21, 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 graphics processing chips, systems on a chip, and products containing the same that infringe patents asserted by Samsung. The complainants request that the USITC issue an exclusion order and a cease and desist order.

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

NVIDIA Corporation of Santa Clara, CA;

Biostar Microtech International Corp. of Hsin Tien District, New Taipei, Taiwan;

Biostar Microtech (U.S.A.) Corp. of City of Industry, CA;

Elitegroup Computer Systems Co. Ltd. of Taipei, Taiwan;

Elitegroup Computer Systems, Inc., of Newark, CA;

EVGA Corp. of Brea, CA;

Fuhu, Inc., of El Segundo, CA;

Jaton Corp. of Fremont, CA;

Mad Catz, Inc., of San Diego, CA;

OUYA, Inc., of Santa Monica, CA;

Sparkle Computer Co., Ltd., of New Taipei City, Taiwan;

Toradex, Inc., of Seattle, WA;

Wikipad, Inc., of Westlake Village, CA;

ZOTAC International (MCO) Ltd. of New Territories, Hong Kong; and

ZOTAC USA, Inc., of Chino, CA.

By instituting this investigation (337-TA-941), 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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December 19, 2014

News Release 14-126

Inv. No(s). 337-TA-940

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

USITC Institutes Section 337 Investigation of Certain Snowmobiles With Engines Having Exhaust Temperature-Controlled Engine Technology and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain snowmobiles with engines having exhaust temperature-controlled engine technology and components thereof. The products at issue in this investigation are snowmobiles that allegedly use technology to improve engine performance by adjusting fuel injection and ignition timing based on exhaust temperature.

The investigation is based on a complaint filed by Arctic Cat, Inc., of Plymouth, Minnesota, on November 7, 2014, and amended on December 12, 2014. 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 snowmobiles with engines having exhaust temperature-controlled engine technology and components thereof that infringe patents asserted by Arctic Cat. 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:

Bombardier Recreational Products, Inc., of Valcourt, Quebec, Canada; and
BRP US Inc. of Sturtevant, WI.

By instituting this investigation (337-TA-940), 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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December 8, 2014

News Release 14-122

Inv. No(s). 337-TA-939

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

USITC Institutes Section 337 Investigation Of Certain Three-Dimensional Cinema Systems And Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of three-dimensional cinema systems and components thereof. The products at issue in this investigation include cinema systems and related components used to project simulated three dimensional images in commercial movie theaters.

The investigation is based on a complaint filed by ReadD Inc. of Beverly Hill, CA, on November 7, 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 three-dimensional cinema systems and components thereof that infringe patents asserted by RealD. 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:

    MasterImage 3D, Inc., of Sherman Oaks, CA; and
    MasterImage 3D Asia, LLC, of Gasan-don, Geumcheon-gu, Seoul, Korea.

By instituting this investigation (337-TA-939), 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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December 5, 2014

News Release 14-121

Inv. No(s). 337-TA-938

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

USITC Institutes Section 337 Investigation of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain coaxial cable connectors and components thereof and products containing same. The products at issue in this investigation are coaxial cable connectors that are used to link coaxial cable between various electronic devices.

The investigation is based on a complaint filed by PPC Broadband, Inc., of East Syracuse, NY, on November 5, 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 coaxial cable connectors and components thereof and products containing same that infringe a patent asserted by PPC Broadband, Inc. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified Corning Optical Communications RF, LLC, of Glendale, AZ, as the respondent in this investigation.

By instituting this investigation (337-TA-938), 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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November 17, 2014

News Release 14-116

Inv. No(s). 337-TA-937

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

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

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 automotive windshield wipers that allegedly use the patented technology for detachably coupling a wiper blade to a driven wiper arm.

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 Cd. Juarez, Chihuahua, Mexico, on October 15, 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:

    Trico Products Corporation of Rochester Hills, MI;
    Trico Products of Brownsville, TX; and
    Trico Componentes SA de CV of Matamoros, Tamaulipas, Mexico.

By instituting this investigation (337-TA-937), 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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November 12, 2014

News Release 14-115

Inv. No(s). 337-TA-936

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

USITC Institutes Section 337 Investigation of Certain Footwear Products

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain footwear products. The products at issue in this investigation are shoes that allegedly infringe or dilute registered and common law trademarks used in connection with certain Converse shoes, such as the Chuck Taylor All Star Shoe.

The investigation is based on a complaint filed by Converse Inc. ("Converse") of North Andover, MA, on October 14, 2014. 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 footwear products that infringe or dilute registered and common law trademarks asserted by Converse. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and a cease and desist order.

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

    Skechers U.S.A., Inc. of Manhattan Beach, CA;
    Wal-Mart Stores, Inc. of Bentonville, AR;
    A-List, Inc., d/b/a Kitson, of Los Angeles, CA;
    Aldo Group of Montreal, Quebec, Canada;
    Brian Lichtenberg, LLC of Los Angeles, CA;
    Cmerit USA, Inc., d/b/a Gotta Flurt, of Chino, CA;
    Dioniso SRL of Perugia, Italy;
    Edamame Kids, Inc. of Calgary, Alberta, Canada;
    Esquire Footwear, LLC of New York, NY;
    FILA U.S.A., Inc. of Sparks, MD;
    Fortune Dynamic, Inc. of City of Industry, CA;
    Gina Group, LLC of New York, NY;
    H & M Hennes & Mauritz LP of New York, NY;
    Highline United LLC, d/b/a/Ash Footwear USA, of New York, NY;
    Hitch Enterprises Pty Ltd, d/b/a Skeanie, of Mittagong, New South Wales, Australia;
    Iconix Brand Group, Inc., d/b/a Ed Hardy, of New York, NY;
    Kmart Corporation of Hoffman Estates, IL;
    Mamiye Imports LLC, d/b/a Lilly of New York, of Brooklyn, NY;
    Nowhere Co., Ltd., d/b/a Bape, of Tokyo, Japan;
    OPPO Original Corp. of City of Industry, CA;
    Orange Clubwear, Inc., d/b/a Demonia Deviant, of Westminster, CA;
    Ositos Shoes, Inc., d/b/a Collection'O, of South El Monte, CA;
    PW Shoes Inc. of Maspeth, NY;
    Ralph Lauren Corporation of New York, NY;
    Shenzhen Foreversun Industrial Co., Ltd. (a/k/a Shenzhen Foreversun Shoes Co., Ltd) of Shenzhen, Guangdong Province, China;
    Shoe Shox, c/o Zulily, Inc., of Seattle, WA;
    Tory Burch LLC of New York, NY;
    Zulily, Inc. of Seattle, WA;
    Fujian Xinya I&E Trading Co. Ltd. of Jinjiang, Fujian Province, China;
    Zhejiang Ouhai International Trade Co. Ltd. of Wenzhou, Zhejiang Province, China; and
    Wenzhou Cereals Oils and Foodstuffs Foreign Trade Co. Ltd. of Wenzhou, Zhejiang Province, China.

By instituting this investigation (337-TA-936), 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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November 5, 2014

News Release 14-111

Inv. No(s). 337-TA-935

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

USITC Institutes Section 337 Investigation of Certain Personal Transporters, Components Thereof, And Manuals Therefor

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal transporters, components thereof, and manuals therefor. The products at issue in this investigation are personal transporters, i.e., self-balancing personal vehicles, and their components and manuals.

The investigation is based on a complaint filed by Segway Inc. of Bedford, NH, and DEKA Products Limited Partnership of Manchester, NH, on September 9, 2014. An amended complaint was filed on October 6, 2014. 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 personal transporters, components thereof, and manuals therefor that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order or limited exclusion order, and cease and desist orders.

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

PowerUnion (Beijing) Tech Co. Ltd., of Beijing, PRC;
UPTECH Robotics Technology Co., Ltd., of Beijing, PRC;
Beijing Universal Pioneering Robotics Co., Ltd., of Beijing, PRC;
Beijing Universal Pioneering Technology Co., Ltd., of Beijing, PRC;
Ninebot Inc. (in China) of Beijing, PRC;
Ninebot Inc. (in USA) of Newark, DE;
Shenzhen INMOTION Technologies Co., Ltd., of Shenzhen, Guangdong, PRC;
Robstep Robot Co., Ltd., of Dongguan, Guangdong, PRC;
FreeGo High-Tech Corporation Limited of Bantian, Shenzhen, PRC;
Freego USA, LLC, of Sibley, IA;
Tech in the City of Honolulu, HI;
Roboscooters.com of Laurel Hill, NC; and
EcoBoomer Co. Ltd. of Malibu, CA.

By instituting this investigation (337-TA-935), 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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October 21, 2014

News Release 14-105

Inv. No(s). 337-TA-934

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

USITC Institutes Section 337 Investigation Of Certain Dental Implants

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dental implants. The products at issue in this investigation are high-grade titanium dental implants capable of supporting a dental prosthesis, such as a crown, that are surgically placed into a patient's jawbone and designed to integrate within the patient's bone structure.

The investigation is based on a complaint filed by Nobel Biocare Services AG of Kloten, Switzerland, and Nobel Biocare USA, LLC, of Yorba Linda, CA, on September 25, 2014. A letter supplementing the complaint was filed on October 17, 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 dental implants 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:

Neodent USA, Inc., of Andover, MA; and 
JJGC Ind£stria e Com‚rcio de Materiais Dent rios S/A of Curitiba, Parana, Brazil.

By instituting this investigation (337-TA-934), 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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