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Patent infringement

October 1, 2018

News Release 18-116

Inv. No(s). 337-TA-1134

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

USITC Institutes Section 337 Investigation of Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment mask 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 ResMed Corp. and ResMed Inc., both of San Diego, CA, and ResMed Ltd. of Bella Vista, Australia, on August 31, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain sleep-disordered breathing treatment mask 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:

Fisher & Paykel Healthcare Limited of Auckland, New Zealand;
Fisher & Paykel Healthcare, Inc., of Irvine, CA; and
Fisher & Paykel Healthcare Distribution Inc. of Irvine, CA.

By instituting this investigation (337-TA-1134), 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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September 27, 2018

News Release 18-114

Inv. No(s). 337-TA-1133

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

USITC Institutes Section 337 Investigation of Certain Unmanned Aerial Vehicles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain unmanned aerial vehicles 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 Autel Robotics USA LLC of Bothell, WA, on August 30, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain unmanned aerial vehicles 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:

SZ DJI Technology Co. Ltd. of Shenzhen, China;
DJI Europe B.V. of the Netherlands;
DJI Technology Inc. of Burbank, CA;
iFlight Technology Co. Ltd. of Hong Kong;
DJI Baiwang Technology Co. Ltd. of Shenzhen, China;
DJI Research LLC of Palo Alto, CA;
DJI Service LLC of Cerritos, CA; and
DJI Creative Studio LLC of Burbank, CA.

By instituting this investigation (337-TA-1133), 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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September 5, 2018

News Release 18-107

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

USITC Institutes Section 337 Investigation of Certain Wireless Mesh Networking Products and Related Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless mesh networking products and related 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 SIPCO, LLC, of Ashburn, Virginia on August 3, 2018.  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 mesh networking products and related 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:

Emerson Electric Co. of St. Louis, MO;
Emerson Process Management LLLP of Bloomington, MN;
Emerson Process Management Asia Pacific Private Limited of Singapore;
Emerson Process Management Manufacturing (M) Sdn. Bhd. of Negeri Sembilan, Malaysia;
Fisher-Rosemount Systems, Inc. of Round Rock, TX;
Rosemount Inc. of Shakopee, MN;
Analog Devices, Inc. of Norwood, MA;
Linear Technology LLC of Milpitas, CA;
Dust Networks, Inc., of Union City, CA;
Tadiran Batteries Inc. of Lake Success, NY; and
Tadiran Batteries Ltd. of Kiryat Ekron, Israel.

By instituting this investigation (337-TA-1131), 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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August 29, 2018

News Release 18-104

Inv. No(s). 337-TA-1130

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

USITC Institutes Section 337 Investigation of Certain Beverage Dispensing Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain beverage dispensing 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 Heineken International B.V. and Heineken Supply Chain B.V., both of Amsterdam, The Netherlands, and Heineken USA Inc. of White Plains, NY, on August 2, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain beverage dispensing systems and components thereof 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:

Anheuser-Busch InBev S.A. of Leuven, Belgium;
InBev Belgium N.V. of Leuven, Belgium; and
Anheuser-Busch, LLC, of St. Louis, MO.

By instituting this investigation (337-TA-1130), 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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August 15, 2018

News Release 18-100

Inv. No(s). 337-TA-1129

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

USITC Institutes Section 337 Investigation of Certain Lithography Machines and Systems and Components Thereof (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithography machines and 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 Carl Zeiss SMT GmbH of Oberkochen, Germany, on July 20, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lithography machines and 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:

Nikon Corporation of Tokyo, Japan;
Nikon Research Corporation of America of Belmont, CA; and
Nikon Precision Inc. of Belmont, CA.

By instituting this investigation (337-TA-1129), 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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August 15, 2018

News Release 18-099

Inv. No(s). 337-TA-1128

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

USITC Institutes Section 337 Investigation of Certain Lithography Machines and Systems and Components Thereof (I)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithography machines and 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 Carl Zeiss SMT GmbH of Oberkochen, Germany, on July 20, 2018.  An amended complaint was filed on August 9, 2018.  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 lithography machines and 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:

Nikon Corporation of Tokyo, Japan;
Nikon Research Corporation of America of Belmont, CA; and
Nikon Precision Inc. of Belmont, CA.

By instituting this investigation (337-TA-1128), 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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August 13, 2018

News Release 18-098

Inv. No(s). 337-TA-1127

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

USITC Institutes Section 337 Investigation of Certain Microperforated Packaging Containing Fresh Produce (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microperforated packaging containing fresh produce (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 Windham Packaging, LLC, of Windham, NH, on July 12, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain microperforated packaging containing fresh produce (II) that infringe a patent 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:

Growers Express, LLC, of Salinas, CA; and
C.H. Robinson Worldwide, Inc., of Eden Prairie, MN.

By instituting this investigation (337-TA-1127), 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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July 27, 2018

News Release 18-093

Inv. No(s). 337-TA-1126

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

USITC Institutes Section 337 Investigation of Certain Water Filters and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain water filters and components thereof.  The products at issue in the investigation are water filter cartridges for refrigerators, including water filter cartridge assemblies and interconnection subassemblies.

The investigation is based on a complaint filed by Electrolux Home Products, Inc. of Charlotte, NC, and KX Technologies, LLC of West Haven, CT, on June 8, 2018.  An amended complaint was filed on June 28, 2018, and a letter supplementing the amended complaint was filed on July 10, 2018.  The amended 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 water filters and components thereof 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:

Shenzen Calux Purification Technology Co., Limited, of Guangdong, China;
Ningbo Pureza Limited of Ningbo, China;
JiangSu Angkua Environmental Technical Co., Ltd., of RuGao, China;
Ecopure Filter Co., Ltd., of Qindao, China;
Shenzhen Dakon Purification Tech Co., Ltd., of Guangdong, China;
HongKong Ecoaqua Co., Limited, of Hong Kong, China;
Ecolife Technologies, Inc., of City of Industry, CA; and
Crystala Filters LLC of Patterson, NJ.

By instituting this investigation (337-TA-1126), 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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July 24, 2018

News Release 18-092

Inv. No(s). 337-TA-1125

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

USITC Institutes Section 337 Investigation of Certain Height-Adjustable Desk Platforms and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain height-adjustable desk platforms 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 Varidesk LLC of Coppell, TX, on June 22, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain height-adjustable desk platforms 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:

Albeit LLC of San Francisco, CA;
ATC Supply LLC of Plainfield, IL;
Shenzhen Atc Network Scienology Co., LTD., of Shenzhen, Guangdong, China;
Best Choice Products of Ontario, CA;
Huizhou Chang He Home Supplies Co., Ltd., of Huizhou, Guangdong, China;
Dakota Trading, Inc., of Emerson, NJ;
Designa Inc. of Foshan City, Guangdong Province, China;
Designa Group, Inc., of El Dorado Hills, CA;
Eureka LLC of El Dorado Hills, CA;
LaMountain International Group LLC of El Dorado Hills, CA;
Amazon Import Inc. of El Monte, CA;
Hangzhou Grandix Electronics Co., Ltd., of Hangzhou, Zhejian, China;
Ningbo GYL International Trading Co., Ltd., of Ningbo, Zhejian, China;
Knape & Vogt Manufacturing Co. of Grand Rapids, MI;
JV Products Inc. of Milpitas, CA;
Vanson Distributing, Inc., of Milpitas, CA;
Vanson Group, Inc., of Milpitas, CA;
S. P. Richards Co. DBA Lorell of Smyrna, GA;
Nantong Jon Ergonomic Office Co., Ltd., of Nantong, Jiangsu, China;
Jiangsu Omni Industrial Co., Ltd., of Yangzhou, Jiangsu, China;
OmniMax USA, LLC, of Anna, TX;
Haining Orizeal Import and Export Co., Ltd., of Haining, China;
Qidong Vision Mounts Manufacturing Co., Ltd., of Qidong, Jiangsu, China;
Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China;
Smugdesk, LLC, of La Puente, CA;
Venditio Group, LLC, of Elkton, FL;
Versa Products Inc. of Los Angeles, CA;
Victor Technology, LLC, of Bolingbrook, IL;
CKnapp Sales, Inc. DBA Vivo of Goodfield, IL;
Wuhu Xingdian Industrial Co., Ltd., of Wuhu, Anhui, China; and
Wuppessen, Inc., of Ontario, CA.

By instituting this investigation (337-TA-1125), 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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July 18, 2018

News Release 18-089

Inv. No(s). 337-TA-1124

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

USITC Institutes Section 337 Investigation of Certain Powered Cover Plates

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain powered cover plates.  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 SnapRays, LLC, d/b/a SnapPower of Vineyard, UT, on June 20, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain powered cover plates 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:

Ontel Products Corporation of Fairfield, NJ;
Dazone LLC of Ontario, CA;
Shenzhen C-Myway of Shenzhen, Guangdong, China;
E-Zshop4u LLC of Howey in the Hills, FL;
Desteny Store of Fort Meyers, FL;
Zhongshan Led-Up Light Co. Ltd. of Zhongshan, Guangdong, China;
AllTrade Tools LLC of Cypress, CA;
Guangzhou Sailu Info Tech. Co., Ltd., of Guangzhou, Gunagdong, China;
NEPCI--Zhejiang New-Epoch Communication Industry Co., Ltd., of Yueging, Zhejiang, China;
KCC Industries of Eastvale, CA;
Vistek Technology Co., Ltd., of Shenzhen, China;
Enstant Technology Co., Ltd., of Shenzhen, China; and
Manufacturers Components Incorporated of Pompano Beach, FL.

By instituting this investigation (337-TA-1124), 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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