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Patent infringement

March 19, 2020

News Release 20-025

Inv. No(s). 337-TA-1194

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

USITC Institutes Section 337 Investigation of Certain High-DensityFiber Optic Equipment and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain high-density fiber optic equipment 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 Corning Optical Communications LLC of Charlotte, NC, on February 21, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain high-density fiber optic equipment and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.  The USITC has identified the following as respondents in this investigation:

AFL Telecommunications Holdings LLC d/b/a AFL of Duncan, SC;
FS.com Inc. of New Castle, DE;
Huber+Suhner AG of Herisau, Switzerland;
Huber + Suhner, Inc., of Charlotte, NC;
Legrand North America, LLC, of West Hartford, CT;
Leviton Manufacturing Co., Inc., of Melville, NY;
Panduit Corporation of Tinley, IL;
Shanghai TARLUZ Telecom Tech. Co., Ltd., d/b/a TARLUZ, of Shanghai, China;
Shenzhen Anfkom Telecom Co., Ltd., d/b/a Anfkom Telecom of Shenzhen, China;
The LAN Wirewerks Research Laboratories Inc. d/b/a Wirewerks of Quebec, Canada;
The Siemon Company of Watertown, CT;
Total Cable Solutions, Inc., of Springboro, OH; and
Wulei Technology Co., Ltd., d/b/a Bonelinks, of Shenzhen, China.

By instituting this investigation (337-TA-1194), 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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March 9, 2020

News Release 20-020

Inv. No(s). 337-TA-1192

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

USITC Institutes Section 337 Investigation of Certain Nicotine Pouches and Components Thereof and Methods of Making the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nicotine pouches and components thereof and methods of making 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 NYZ AB of Stockholm, Sweden; Swedish Match North America, LLC, of Richmond, VA; Pinkerton Tobacco Co., LP, of Owensboro, KY; and wm17 holding GmbH of Baar, Switzerland, on February 10, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain nicotine pouches and components thereof and methods of making the same that infringe a patent 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:

The Art Factory AB of Helsingborg, Sweden;
Kretek International, Inc., of Moorpark, CA; and
DRYFT Sciences, LLC, of Moorpark, CA.

By instituting this investigation (337-TA-1192), 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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February 6, 2020

News Release 20-011

Inv. No(s). 337-TA-1191

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

USITC Institutes Section 337 Investigation of Certain Audio Players and Controllers, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio players and controllers, 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 Sonos, Inc., of Santa Barbara, CA, on January 7, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain audio players and controllers, 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:

Google LLC of Mountain View, CA; and
Alphabet Inc. of Mountain View, CA.

By instituting this investigation (337-TA-1191), 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 10, 2020

News Release 20-004

Inv. No(s). 337-TA-1190

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

USITC Institutes Section 337 Investigation of Certain Wearable Monitoring Devices, Systems, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wearable monitoring devices, systems, 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 Philips North America, LLC, of Andover, MA, and Koninklijke Philips N.V. of Eindhoven, Netherlands, on December 10, 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 wearable monitoring devices, systems, 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:

Fitbit, Inc., of San Francisco, CA;
Garmin International, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS;
Garmin Ltd. d/b/a Garmin Switzerland of Schaffhausen, Switzerland;
Ingram Micro Inc. of Irvine, CA;
Maintek Computer (Suzhou) Co., Ltd. of Suzhou New District, Jiangsu Province, China; and
Inventec Appliances (Pudong) of Shanghai, China.

By instituting this investigation (337-TA-1190), 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, 2019

News Release 19-126

Inv. No(s). 337-TA-1187

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

Certain Electronic Devices with Optical Filters and Optical Sensor Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices with optical filters and optical sensor systems 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 Viavi Solutions Inc. of San Jose, CA, on November 18, 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 electronic devices with optical filters and optical sensor systems 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 the following as respondents in this investigation:

Optrontec Inc. of Gyeongnam, Republic of Korea;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Innotek Co., Ltd., of Seoul, Republic of Korea; and
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ.

By instituting this investigation (337-TA-1187), 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 22, 2019

News Release 19-121

Inv. No(s). 337-TA-1185

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

USITC Institutes Section 337 Investigation of Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain smart thermostats, smart HVAC systems, 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 EcoFactor, Inc., of Palo Alto, CA, on October 23, 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 smart thermostats, smart HVAC systems, 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 the following as respondents in this investigation:

Ecobee Ltd. of Toronto, ON, Canada;
Ecobee, Inc., of Toronto, ON, Canada;
Google LLC of Mountain View, CA;
Alarm.com Incorporated of Tysons, VA;
Alarm.com Holdings, Inc., of Tysons, VA;
Daikin Industries, Ltd., of Osaka, Japan;
Daikin America, Inc., of Orangeburg, NY;
Daikin North America LLC of Houston, TX;
Schneider Electric USA, Inc., of Andover, MA;
Schneider Electric SE of Rueil-Malmaison Cedex France; and
Vivint, Inc., of Provo, UT.

By instituting this investigation (337-TA-1185), 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 18, 2019

News Release 19-116

Inv. No(s). 337-TA-1184

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

USITC Institutes Section 337 Investigation of Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shaker screens for drilling fluids, components thereof, and related marketing materials.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on an amended complaint filed by M-I L.L.C. of Houston, TX, on November 7, 2019.  The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain shaker screens for drilling fluids, components thereof, and related marketing materials that infringe patents and registered trademarks asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

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

Hebei GN Solids Control Co., Ltd., of Langfang, China;
GN Solids America LLC of Houston, TX;
Anping Shengjia Hardware Mesh Co., Ltd., of Hengshui City, China;
Hebei Hengying Wire Cloth Co., Ltd., of Hebei Province, China;
Xi’an Brightway Energy Equipment Co., Ltd., of Xi’an City, High Tech Development Zone, China; and
Brightway Solids Control Co., Ltd., of Houston, TX.

By instituting this investigation (337-TA-1184), 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 7, 2019

News Release 19-111

Inv. No(s). 337-TA-1183

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

USITC Institutes Section 337 Investigation of Certain Foldable Reusable Drinking Straws and Components and Accessories Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain foldable reusable drinking straws and components and accessories 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 The Final Co. LLC of Santa Fe, NM, on October 9, 2019, as amended on October 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 foldable reusable drinking straws and components and accessories thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

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

Huizhou Sinri Technology Company Limited of Huizhou, Guangdong, China;
Hebei Serun Import and Export Trade Co., Ltd., of Shijiazhuang, Hebei, China;
Dongguan Stirling Metal Products Co., Ltd., of Dongguan, Guangdong, China;
Ningbo Wwpartner Plastic Manufacture Co., Ltd., of Ningbo, Zhejiang, China;
Shenzhen Yuanzhen Technology Co., Ltd., Longhua District, Shenzhen, China;
Jiangmen Boyan Houseware Co., Ltd., of Jiangmen, Guangdong, China;
Shanghai Rbin Industry And Trade Co., Ltd., of Shanghai, China;
Jiangmen Shengke Hardware Products Co., Ltd., of Jiangmen, Guangdon, China;
Funan Anze Trading Co., Ltd., of Fuyang, Anhui, China;
Hangzhou Keteng Trade Co., Ltd., of Hangzhou, Zhejiang, China;
Hunan Jiudi Shiye Import And Export Trading Co., Ltd., of Changsha, Hunan, China;
Shenzhen Yaya Gifts Co., Ltd., of Shenzhen, Guangdong, China;
Ningbo Weixu International Trade Co., Ltd., of Ningbo, Zhejiang, China;
Ningbo Beland Commodity Co., Ltd., of Ningbo, Zhejiang, China;
Xiamen One X Piece Imp.& Exp. Co., Ltd., of Xiamen, Fujian, China;
Hunan Champion Top Technology Co., Ltd., of Changsha city, Hunan province, China; and
Yiwu Lizhi Trading Firm of Jinhua, Zhejiang, China.

By instituting this investigation (337-TA-1183), 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 4, 2019

News Release 19-110

Inv. No(s). 337-TA-1182

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

USITC Institutes Section 337 Investigation of Certain Argon Plasma Coagulation System Probes, Their Components, and Other Argon Plasma Coagulation System Components for Use Therewith

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain argon plasma coagulation system probes, their components, and other argon plasma coagulation system components for use therewith.  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 Erbe Elektromedizin GmbH of Tübingen, Republic of Germany, and Erbe USA, Inc., of Marietta, GA, on October 7, 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 argon plasma coagulation system probes, their components, and other argon plasma coagulation system components for use therewith 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:

Olympus Corporation of Tokyo, Japan;
Olympus Corporation of the Americas of Center Valley, PA;
Olympus America, Inc., of Center Valley, PA;
Olympus Surgical Technologies Europe of Hamburg, Republic of Germany;
Olympus Winter & Ibe GmbH of Hamburg, Republic of Germany;
Olympus KeyMed Group Limited of Essex, United Kingdom;
KeyMed (Medical & Industrial Equipment) Ltd. of Essex, United Kingdom;
Olympus Bolton of Bolton, United Kingdom; and
Olympus Surgical Technologies Europe | Cardiff of Cardiff, United Kingdom.

By instituting this investigation (337-TA-1182), 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 30, 2019

News Release 19-106

Inv. No(s). 337-TA-1181

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

USITC Institutes Section 337 Investigation of Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium-ion battery cells, battery modules, battery packs, 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 LG Chem, Ltd., of Seoul, Republic of Korea; LG Chem Michigan Inc. of Holland, MI; and Toray Industries, Inc., of Tokyo, Japan, on September 26, 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 lithium-ion battery cells, battery modules, battery packs, components thereof, and products containing the 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:

SK Innovation Co., Ltd., of Seoul, Republic of Korea; and
SK Battery America, Inc., of Atlanta, GA.

By instituting this investigation (337-TA-1181), 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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