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Intellectual property

September 30, 2014

News Release 14-097

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

USITC Launches 337Info -- A New Way to Research and Track Section 337 Investigations

USITC Introduces 337Info A New Way to Research and Track Section 337 Investigations; September 30, 2014

September 30, 2014
News Release 14-097
Contact: Peg O'Laughlin, 202-205-1819

USITC INTRODUCES 337Info - A NEW WAY TO RESEARCH AND TRACK SECTION 337 INVESTIGATIONS

337Info Unites Multiple Data Sources, Provides Fast and Easy Access to Information

The U.S. International Trade Commission (USITC) today launched a new web-based tool that will help users find information about and track unfair import investigations brought under section 337 of the Tariff Act of 1930, as amended (section 337 investigations).

337Info is an information retrieval system that contains data about USITC section 337 investigations, including:

  • the unfair act(s) alleged (patent, trademark, or copyright infringement; misappropriation of trade secrets; etc.)

  • the parties involved (current and historical)

  • the Administrative Law Judge(s) (ALJ(s)) and USITC staff assigned (current and historical)

  • the product(s) involved

  • current investigation status and key dates (hearing dates, target dates, etc.)

  • key dates in the procedural history (e.g., date of institution)

  • disposition of the investigation as a whole and by respondent

  • remedial order(s) issued

  • any appeals and/or ancillary proceedings

337Info brings together information that was previously spread across the USITC website and presents it in a single, user-friendly, easy-to-navigate interface. It features a robust search capability that enables users to identify investigations of interest; track ongoing investigations, appeals, and ancillary proceedings from filing to disposition; and conduct research with ease.

337Info currently includes information about investigations instituted or otherwise initiated on or after October 1, 2008. These investigations include violation-phase, enforcement, bond forfeiture, and modification proceedings, as well as investigations following a remand from the U.S. Court of Appeals for the Federal Circuit. The data will generally be updated within three business days of a Commission or ALJ action.

337Info is not a document repository. To view official documents filed in USITC investigations, users may use the USITC Electronic Document Information System (EDIS).

337Info will not replace current procedures related to the release of information on target dates. ALJ initial determinations will continue to be posted in the Press Room section of the USITC website on the date of release. Commission decisions on whether to review ALJ initialdeterminations and Commission final determinations will continue to be posted in the Federal Register section of the USITC website at 5 p.m. on the date of release.

Users are encouraged to visit the 337Info site and explore its features. An online tutorial and Frequently Asked Questions document will help users become familiar with the system and how to use it. The USITC also anticipates offering limited training sessions in the near future. Information will be announced when such sessions are scheduled.

The USITC, an independent, quasi-judicial federal agency, adjudicates complaints brought under section 337 of the Tariff Act of 1930, as amended. Section 337 declares the infringement of certain statutory intellectual property rights and other forms of unfair competition in import trade to be unlawful practices. Most section 337 investigations involve allegations of patent or registered trademark infringement. Other forms of unfair competition, such as misappropriation of trade secrets, trade dress infringement, passing off, false advertising, and false designation of origin, may also be asserted.

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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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337 Publications Prior To 1995

1994 1993 1992 1991 1990 1989 1988 1987 1986 1985
January 29, 2014

News Release 14-012

Inv. No(s). 337-TA-909

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

USITC Institutes Section 337 Investigation of Certain Non-Volatile Memory Devices and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain non-volatile memory devices and products containing same. The products at issue in this investigation are non-volatile memory chips used in products such as automotive components, "infotainment" systems, access points, wireless local area network controllers, and network gateway systems.

The investigation is based on a complaint filed by Macronix International Co., Ltd., of Hsin-chu, Taiwan, and Macronix America, Inc., of Milpitas, CA, on December 27, 2013. A revised complaint was filed on December 31, 2013. The revised complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain non-volatile memory devices and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and a cease and desist order.

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

Spansion Inc. of Sunnyvale, CA;
Spansion LLC of Sunnyvale, CA;
Spansion (Thailand) Ltd. of Pakkred, Nonthaburi, Thailand;
Beats Electronics LLC of Santa Monica, CA;
Delphi Automotive PLC of Gillingham, Kent, United Kingdom;
Delphi Automotive Systems, LLC, of Troy, MI;
Harman International Industries, Inc., of Stamford, CT;
Harman Becker Automotive Systems, Inc., of Farmington Hills, MI;
Harman Becker Automotive Systems GmbH of Karlsbad, Germany;
Ruckus Wireless, Inc., of Sunnyvale, CA; and
Tellabs, Inc., of Naperville, IL.

By instituting this investigation (337-TA-909), 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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January 9, 2014

News Release 14-003

Inv. No(s). 337-TA-904

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

USITC Institutes Section 337 Investigation of Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof, and Product Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same. The products at issue in this investigation are used in retail stores to deter the theft of merchandise.

The investigation is based on a complaint filed by Tyco Fire & Security GmbH of Neuhausen am Rheinfall, Switzerland; Sensormatic Electronics, LLC, of Boca Raton, FL; and Tyco Integrated Security, LLC, of Boca Raton, FL, on December 11, 2013. A letter supplementing the complaint was filed on December 23, 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 acousto-magnetic electronic article surveillance systems, components thereof, and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general (or limited) exclusion order and cease and desist orders.

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

Ningbo Signatronic Technologies, Ltd., of Ningbo, China;
All-Tag Security Americas, Inc., of Boca Raton, FL;
All-Tag Security Hong Kong Co., Ltd., of Tsuen Wan N.T., Hong Kong;
All-Tag Europe SPRL of Brussels, Belgium;
All-Tag Security UK, Ltd., of Cheshire, United Kingdom;
Best Security Industries of Delray Beach, FL; and
Signatronic Corporation of Boca Raton, FL.

By instituting this investigation (337-TA-904), 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 9, 2012

News Release 12-115

Inv. No(s). 337-TA-861

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

USITC Institutes Section 337 Investigation on Certain Cases for Portable Electronic Devices

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cases for portable electronic devices. The products at issue in this investigation are protective cases for electronic devices such as smartphones and tablets.

The investigation is based on a complaint filed by Speculative Product Design, LLC, of Mountain View, CA, on September 26, 2012. A supplement to the complaint was filed on October 25, 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 cases for portable electronic devices. 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:

Anbess Electronics Co. Ltd., of China;
BodyGlove International, LLC, of Redondo Beach, CA;
Fellowes, Inc., of Itsaca, IL;
ROCON Digital Technology Corp. of China;
SW-Box.com aka Cellphonezone Limited of Hong Kong;
Trait Technology (Shenzhen) Co., Limited, d/b/a Trait-Tech, of China; and
Hongkong Wexun Ltd. of China.

By instituting this investigation (337-TA-861), 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.

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October 25, 2012

News Release 12-110

Inv. No(s). 337-TA-860

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

USITC Institutes Section 337 Investigation on Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same. The products at issue in this investigation are vertical cavity surface- emitting lasers ("VCSELs") and VCSEL drivers, and also transceivers and active optical cables that include VCSELs and VCSEL drivers as components.

The investigation is based on a complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd., of Singapore; and Avago Technologies U.S. Inc. of San Jose, CA, on September 25, 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 optoelectronic devices for fiber optic communications, components thereof, and products containing 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:

IPtronics A/S of Denmark;
IPtronics Inc. of Menlo Park, CA;
FCI USA, LLC, of Etters, PA;
FCI Deutschland GmbH of Germany;
FCI SA of France;
Mellanox Technologies Inc., of Sunnyvale, CA; and
Mellanox Technologies, Ltd. of Israel.

By instituting this investigation (337-TA-860), 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.

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October 18, 2012

News Release 12-109

Inv. No(s). 337-TA-859

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

USITC Institutes Section 337 Investigation on Certain Integrated Circuit Chips

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit chips and products containing the same. The products at issue in this investigation are generally integrated circuit chips contained in hard disk drives, solid state drives, high-speed communications systems and interfaces, computer servers, data storage systems, controller boards and personal computers.

The investigation is based on a complaint filed by Realtek Semiconductor Corporation of Taiwan on September 19, 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 integrated circuit chips and products containing the same that infringe patents asserted by Realtek. 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:

LSI Corporation of Milpitas, CA; and
Seagate Technology, Inc., of Cupertino, CA.

By instituting this investigation (337-TA-859), 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.

 

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October 16, 2012

News Release 12-108

Inv. No(s). 337-TA-858

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

USITC Institutes Section 337 Investigation on Certain Devices with Secure Communication Capabilities

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain devices with secure communication capabilities, components thereof, and products containing the same. The products at issue in this investigation are devices with secure communication applications.

The investigation is based on a complaint filed by VirnetX, Inc., of Zephyr Cove, NV, and Science Applications International Corporation of McLean, VA, on September 14, 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 devices with secure communication capabilities, components thereof, and products containing the same that infringe a patent asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-858), 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.

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October 12, 2012

News Release 12-107

Inv. No(s). 337-TA-857

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

USITC Institutes Section 337 Investigation on Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain reduced folate nutraceutical products and l-methylfolate raw ingredients used therein. The products at issue in this investigation are nutraceutical products that contain reduced folates.

The investigation is based on a complaint filed by South Alabama Medical Science Foundation of Mobile, AL; Merck & Cie of Switzerland; and Pamlab LLC of Covington, LA, on September 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 reduced folate nutraceutical products and l- methylfolate raw ingredients used therein 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:

Gnosis SpA of Italy;
Gnosis Bioresearch SA of Switzerland;
Gnosis USA Inc. of Doylestown, PA; and
Macoven Pharmaceuticals LLC of Magnolia, TX.

By instituting this investigation (337-TA-857), 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.

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