Intellectual Property Infringement

March 7, 2022
News Release 22-037
Inv. No(s). 337-TA-1306
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, RFID printers, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Zebra Technologies Corporation of Lincolnshire, IL and Symbol Technologies, LLC of Holtsville, NY on February 4, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, RFID printers, components thereof, and products containing the same.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

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

Honeywell International Inc. of Charlotte, NC; and
Hand Held Products, Inc. of Charlotte, NC.

By instituting this investigation (337-TA-1306), 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.

March 7, 2022
News Release 22-036
Inv. No(s). 337-TA-1305
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic exercise systems, stationary bicycles and component thereof and products including same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by iFIT Inc. (FKA ICON Health & Fitness, Inc.) of Logan, UT, on February 3, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic exercise systems, stationary bicycles and component thereof and products including same.  The complainant requests that the USITC issue a limited exclusion order and a permanent cease and desist order. 

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

Peloton Interactive, Inc. of New York, NY;
Peloton Interactive UK Ltd. of London, England;

By instituting this investigation (337-TA-1305), 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.

March 3, 2022
News Release 22-033
Inv. No(s). 337-TA-1304
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wet dry surface cleaning devices.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Bissell Inc. of Grand Rapids, MI and Bissell Homecare, Inc. of Grand Rapids, MI, on February 2, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wet dry surface cleaning devices.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

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

Tineco Intelligent Technology Co., Ltd. of Wuzhong District, Suzhou City, China;
TEK (HongKong) Science & Technology Ltd. of Causeway Bay, Honk Kong; and
Tineco Intelligent, Inc. of Seattle, WA.

By instituting this investigation (337-TA-1304), 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.

February 24, 2022
News Release 22-031
Inv. No(s). 337-TA-1303
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain products containing pyraclostrobin and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by BASF SE of Ludwigshafen, Germany and BASF Corporation of Florham Park, NJ, on January 28, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain products containing pyraclostrobin and components thereof.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

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

Sharda Cropchem Ltd., of Mumbai, Maharashtra, India; and
Sharda USA LLC, of Norristown, PA.

By instituting this investigation (337-TA-1303), 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.

January 18, 2022
News Release 22-007
Inv. No(s). 337-TA-1291
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Kia Corporation, of Seoul, Republic of Korea and Kia America, Inc. of Irvine, CA, on December 16, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain replacement automotive lamps 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 the respondents this investigation:

TYC Brother Industrial Co., Ltd., of Tainan, Taiwan; 
Genera Corporation (d/b/a TYC Genera), of Brea, CA; 
LKQ Corporation, of Chicago, IL; and 
Keystone Automotive Industries, Inc., of Exeter, PA.

By instituting this investigation (337-TA-1291), 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.

 

January 18, 2022
News Release 22-008
Inv. No(s). 337-TA-1292
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps II.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Hyundai Motor Company, of Seoul, Republic of Korea and Hyundai Motor America, Inc. of Fountain Valley, CA, on December 16, 2021.  The complaint, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain replacement automotive lamps 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 the respondents this investigation:

TYC Brother Industrial Co., Ltd, of Tainan, Taiwan; 
Genera Corporation (d/b/a TYC Genera), of Brea, CA; 
LKQ Corporation, of Chicago, IL; and 
Keystone Automotive Industries, Inc., of Exeter, PA.

By instituting this investigation (337-TA-1292), 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.

 

January 14, 2022
News Release 22-006
Inv. No(s). 337-TA-1290
Contact: Jennifer Andberg, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain refrigerator water filtration devices and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by LG Electronics Inc. of Seoul, Republic of Korea, and LG Electronics Alabama, Inc. of Huntsville, AL, on December 15, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain refrigerator water filtration devices and components 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 the respondents this investigation:

ClearWater Filters, of Lakewood, NJ; 
Express Parts LLC d/b/a Express Parts !!!, of Keyport, NJ; 
FRESHLAB LLC, of Gainesville, FL; 
Zhang Ping d/b/a ICE Water Filter, of Dongyang, Zhejiang, China; 
Jiangsu Angkua Environmental Technical Co., Ltd., of Nantong, Jiangsu, China; 
Liu Qi d/b/a LQQY, of Lishi, Shanxi Province, China; 
lvliangshilishiquhuiliwujinbaihuoshan Ghang d/b/a LYLYMX, of Lishi District, Shanxi Province, China; 
Ninbo Haishu Bichun Technology Co., Ltd. d/b/a Ninbo Hai Shu Bi Chun Ke Ji You Xian Gong Si d/b/a Pureza Filters, of Elmhurst, IL; 
Ninbo Haishu Keze Replacement Equipment Co., Ltd. d/b/a Ningboshihaishukezejinghuashebeiyou Xiangongsi d/b/a Kozero Filter, of Zhejiant, Ningboshi, China; 
Ningbo Bichun Technology Co., Ltd., of Ningbo City, Zhejiang Province, China; 
Ningbo Haishu Shun’anjie Water Purification Equipment LLC, of Ningbo, Zhejiang,  China; 
Pursafet Water Filter (Wuhan) Inc., of Wuhan, Hubei, China; 
Shenzen Hangling E-Commerce Co., Ltd. d/b/a Shenzhenshilinghangdianzhishangwuyouxiangongshi d/b/a Best Belvita, of Elmhurst, IL;
Shenzhen Yu Tian Qi Technology Co., Ltd. d/b/a Shen Zhen Shi Yu Tian Qi Ke Ji You Xian Gong Si d/b/a Glacierfresh, of Shenzhen, Guangdong, China;
Aicuiying b/d/a Belvita Water of Shenzhen, of Guangdong Province, China; 
ISave Strategic Marketing Group LLC b/d/a ISave, of New York, NY; 
Qinghaishunzexiaofangjianceyouxiangongsi b/d/a EZEEY, of Chengxi District, Qinghai Province, China; 
ZhenPingXianJiaXuanYaZhuBaoFuZhuangGongYiPinYouXia d/b/a JiaXuanYaZhuBaoFuZhuang, of Wuhanshi, Hubeisheng, China; 
All FILTERS LLC d/b/a AllFilters, of Salt Lake City, UT; 
GT SOURCING INC. d/b/a GT Sourcing, of Monsey, NY; 
JJ Imports LLC d/b/a PRIME FILTERS, of Elmwood Park, NJ; 
Tianjin Tianchuang Best Pure Environmental Science and Technology Co. Ltd. d/b/a TIANJIN TIANGCHUANG BESTPURE HUANBAO KEJI CO. LTD d/b/a Healthy Home, of Tianjin, China; 
Top Pure (USA) Inc. d/b/a TOPPURE d/b/a ICEPURE, of Pico Rivera, CA; 
W&L Trading LLC d/b/a Aqualink, of Frisco, TX; 
Yunda H&H Tech (Tianjin) Co., Ltd. d/b/a Tianjin Yuanda Gongmao Youxian Gongsi d/b/a PUREPLUS, of Tianjinshi, China; 
Refresh Filters LLC b/d/a Refresh My Water, of New York, NY; 
Qingdao Ecopure Filter Co., Ltd d/b/a WaterdropDirect, of Qingdao, Shandong, China;
Qingdao Maxwell Commercial and Trading Company Ltd d/b/a Water Purity Expert, of Chengyang, Shandong, China; and
Qingdao Uniwell Trading Co., Ltd. d/b/a Qingdao Youniwei Shang Mao You Xian Gong Si d/b/a Uniwell Filter, of Qingdao, Shandong, China.

By instituting this investigation (337-TA-1290), 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.

 

August 27, 2021
News Release 21-210
Inv. No(s). 337-TA-1279
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flocked swabs, products containing flocked swabs, and methods of using same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Copan Italia S.p.A of Brescia, Italy, and Copan Industries, Inc., of Aguadilla, Puerto Rico, on July 9, 2021.  Supplements to the complaint were filed on August 16, 2021; August 19, 2021; and August 23, 2021.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flocked swabs, products containing flocked swabs, and methods of using same 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:

Han Chang Medic of Chungnam, Republic of Korea;
Wuxi NEST Biotechnology Co., Ltd. of Wuxi, Jiangsu, China;
NEST Scientific Inc. of Rahway, NJ;
NEST Scientific USA of Rahway, NJ;
Miraclean Technology Co., Ltd., of Shenzhen, Guangdong, China;
Vectornate Korea Ltd. of Jangseong, Jeonnam, Republic of Korea;
Innovative Product Brands, Inc., of Highland, CA;
Thomas Scientific, Inc., of Swedesboro, NJ;
Thomas Scientific, LLC, of Swedesboro, NJ;
Stellar Scientific, LLC, of Owings Mills, MD;
Cardinal Health, Inc., of Dublin, OH;
Ksl Biomedical, Inc., of Williamsville, NY;
Ksl Diagnostics, Inc., of Williamsville, NY;
Jiangsu Changfeng Medical Industry Co., Ltd., of Yangzhou, Jiangsu, China;<
No Borders Dental Resources, Inc., dba MediDent Supplies, of Queen Creek, AZ;<
BioTeke Corporation (Wuxi) Co., Ltd., of Wuxi, Jiangsu, China;
Fosun Pharma USA Inc. of Princeton, NJ;<
Hunan Runmei Gene Technology Co., Ltd., of Changsha, Hunan, China;
VWR International, LLC, of Radnor, PA; and
Slmp, LLC, dba StratLab Medical Products of McKinney, TX.

By instituting this investigation (337-TA-1279), 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.

November 22, 2019
News Release 19-122
Inv. No(s). 337-TA-1186
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain balanced armature devices, products containing same, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Knowles Corporation and Knowles Electronics, LLC, both of Itasca, IL, and Knowles Electronics (Suzhou) Co., Ltd., of Suzhou, Jiangsu Province, China, on August 29, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain balanced armature devices, products containing same, and components thereof that misappropriate trade secrets 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:

Liang Li (a/k/a Ryan Li) of Suzhou City, Jiangsu Province, China;
Shenzhen Bellsing Acoustic Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Suzhou Bellsing Acoustic Technology Co., Ltd., of Suzhou City, Jiangsu Province, China;
Bellsing Corporation of Lisle, IL;
Dongguan Bellsing Precision Device Co., Ltd., of Dongguan, Guangdong Province, China;
Dongguan Xinyao Electronics Industrial Co., Ltd., d/b/a Fidue Acoustics of Dongguan, Guangdong, China;
Soundlink Co., Ltd. of Suzhou, China;
Magnatone Hearing Aid Corporation d/b/a Persona Medical and InEarz Audio of Casselberry, FL;
Jerry Harvey Audio LLC of Orlando, FL;
Magic Dynamics, LLC, d/b/a Magic Ear of Clearwater, FL;
Campfire Audio, LLC, of Portland, OR; and
Clear Tune Monitors, Inc., of Orlando, FL.

By instituting this investigation (337-TA-1186), 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.

Understanding Investigations Of Intellectual Property Infringement And Other Unfair Practices In Import Trade (Section 337)

Section 337, Tariff Act of 1930, Investigations of Unfair Practices in Import Trade

• Read more about Understanding Investigations Of Intellectual Property Infringement And Other Unfair Practices In Import Trade (Section 337)