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Patent infringement

August 28, 2019

Inv. No(s). 337-TA-1172

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

USITC Institutes Section 337 Investigation of Certain Filament Light Emitting Diodes and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain filament light emitting diodes 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 The Regents of the University of California of Oakland, CA, on July 30, 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 filament light emitting diodes 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:

Amazon.com, Inc., of Seattle, WA;
Amazon.com Services, Inc., of Seattle, WA;
Bed Bath & Beyond Inc. of Union, NJ;
IKEA of Sweden AB of Amhult, Sweden;
IKEA Supply AG of Pratteln, Switzerland;
IKEA Distribution Services Inc. of Conshohocken, PA;
IKEA North America Services, LLC, of Conshohocken, PA;
Target Corporation of Minneapolis, MN; and
Walmart Inc. of Bentonville, AR.

By instituting this investigation (337-TA-1172), 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 16, 2019

News Release 19-075

Inv. No(s). 337-TA-1175

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

USITC Institutes Section 337 Investigation of Certain Child Resistant Closures with Slider Devices Having A User Actuated Insertable Torpedo For Selectively Opening the Closure and Slider Devices Therefor

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor.  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 Reynolds Presto Products Inc. of Lake Forest, IL, July 22, 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 child resistant closures with slider devices having a user actuated insertable torpedo for selectively opening the closures and slider devices therefor 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 a cease and desist order.

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

Dalian Takebishi Packing Industry Co., Ltd. of Dalian, China;
Dalian Altma Industry Co., Ltd., of Dalian, Liaoning, China;
Japan Takebishi Co., Ltd., of Tokyo, Japan;
Takebishi Co., Ltd., of Shiga, Japan;
Shanghai Takebishi Packing Material Co., Ltd., of Shanghai, China; and
Qingdao Takebishi Packing Industry Co., Ltd., of Jimo City, Qingdao, China.

By instituting this investigation (337-TA-1171), 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, 2019

News Release 19-074

Inv. No(s). 337-TA-1170

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

USITC Institutes Section 337 Investigation of Certain Mobile Devices with Multifunction Emulators

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices with multifunction emulators.  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 Dynamics Inc. of Cheswick, PA, on July 12, 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 mobile devices with multifunction emulators 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:

Samsung Electronics Co., Ltd., of Suwon, Gyeonggi, Republic of Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1170), 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, 2019

News Release 19-066

Inv. No(s). 337-TA-1169

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

USITC Institutes Section 337 Investigation of Certain Fish-Handling Pliers and Packaging Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain fish-handling pliers and packaging 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 United Plastic Molders, Inc., of Jackson, MS, on June 21, 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 fish-handling pliers and packaging thereof that infringe a patent 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:

Yixing Five Union Industry & Trade Co., Ltd., of Yixing City, Jiangsu Province, China;
NOEBY Fishing Tackle Co., Ltd. of Weihai, Shandong Province, China;
Weihai iLure Fishing Tackle Co., Ltd., of Weihai, Shandong Province, China;
SamsFX of Yangzhou City, Jiangsu Province, China; and
Weihai Lotus Outdoor Co., Ltd., of Weihai City, Shandong Province, China.

By instituting this investigation (337-TA-1169), 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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June 27, 2019

News Release 19-059

Inv. No(s). 337-TA-1165

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

USITC Institutes Section 337 Investigation of Certain Barcode Scanners, Scan Engines, Products Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, scan engines, products containing the 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 Honeywell International, Inc. of Morris Plains, NJ, and Hand Held Products, Inc., and Metrologic Instruments, Inc., both of Fort Mill, SC, on May 31, 2019.  Supplements to the complaint were filed on June 7, 17, and 18, 2019.  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 barcode scanners, scan engines, 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:

Opticon, Inc., of Renton, WA;
Opticon Sensors Europe B.V. of Hoofddorp, The Netherlands;
OPTO Electronics Co., Ltd., of Warabi-city Saitama Pref., Japan; and
Hokkaido Electronic Industry Co., Ltd., of Ashibetsu-shi, Hokkaido, Japan.

By instituting this investigation (337-TA-1165), 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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June 20, 2019

News Release 19-055

Inv. No(s). 337-TA-1164

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

USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Systems, and Components Thereof (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (II).  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint, as amended, filed by Lighting Science Group Corporation and Healthe, Inc., of Cocoa Beach, FL, and Global Value Lighting, LLC, of West Warwick, RI, on April 30, 2019.  This is one of two investigations that the USITC is instituting based on the amended complaint.  As it pertains to this investigation, 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 light-emitting diode products, systems, and components thereof that infringe certain patents asserted by the complainants and by reason of false advertising.  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:

Signify N.V. (f/k/a Philips Lighting N.V.) of Eindhoven, Netherlands;
Signify North America Corporation (f/k/a Philips Lighting North America Corporation) of Somerset, NJ;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Acuity Brands, Inc., of Atlanta, GA;
Acuity Brands Lighting, Inc., of Conyers, GA;
Leedarson Lighting Co., Ltd., of Xiamen, China; and
Leedarson America, Inc., of Smyrna, GA.

By instituting this investigation (337-TA-1164), 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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June 20, 2019

News Release 19-054

Inv. No(s). 337-TA-1163

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

USITC Institutes Section 337 Investigation of Certain Light-Emitting Diode Products, Systems, and Components Thereof (I)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-emitting diode products, systems, and components thereof (I).  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint, as amended, filed by Lighting Science Group Corporation and Healthe, Inc., of Cocoa Beach, FL, and Global Value Lighting, LLC, of West Warwick, RI, on April 30, 2019.  This is one of two investigations that the USITC is instituting based on the amended complaint.  As it pertains to this investigation, 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 light-emitting diode products, systems, and components thereof that infringe certain 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:

Nichia Corporation of Tokushima, Japan;
Nichia America Corporation of Wixom, MI;
Cree, Inc., of Durham, NC;
Cree Hong Kong, Limited, of Hong Kong;
Cree Huizhou Solid State Lighting Co. Ltd. of Guangdong, China;
OSRAM GmbH of Munich, Germany;
OSRAM Licht AG of Munich, Germany;
OSRAM Opto Semiconductors GmbH of Regensburg, Germany;
OSRAM Opto Semiconductors, Inc., of Sunnyvale, CA;
Lumileds Holding B.V. of Schipol, Netherlands;
Lumileds, LLC, of San Jose, CA;
Signify N.V. (f/k/a Philips Lighting N.V.) of Eindhoven, Netherlands;
Signify North America Corporation (f/k/a Philips Lighting North America Corporation) of Somerset, NJ;
MLS Co., Ltd. of Zhongshan City, China;
LEDVANCE GmbH of Garching, Germany;
LEDVANCE LLC of Wilmington, MA;
General Electric Company of Boston, MA;
Consumer Lighting (U.S.), LLC, (d/b/a GE Lighting, LLC) of Cleveland, OH;
Current Lighting Solutions, LLC of Cleveland, Ohio;
Acuity Brands, Inc., of Atlanta, GA;
Acuity Brands Lighting, Inc., of Conyers, GA;
Leedarson Lighting Co., Ltd., of Xiamen, China; and
Leedarson America, Inc., of Smyrna, GA.

By instituting this investigation (337-TA-1163), 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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June 19, 2019

News Release 19-053

Inv. No(s). 337-TA-1162

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

USITC Institutes Section 337 Investigation of Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain touch-controlled mobile devices, computers, 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 Neodron Ltd. of Dublin, Ireland, on May 22, 2019.  An amended complaint was filed on May 23, 2019.  The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain touch-controlled mobile devices, computers, 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:

Amazon,com, Inc., of Seattle, WA;
Dell Technologies Inc. of Round Rock, TX;
HP Inc. of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Microsoft Corporation of Redmond, WA;
Motorola Mobility LLC of Chicago, IL;
Samsung Electronics Co., Ltd., of Suwon, South Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1162), 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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June 4, 2019

News Release 19-045

Inv. No(s). 337-TA-1160

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

USITC Institutes Section 337 Investigation of Certain Replacement Automotive Service and Collision Parts and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive service and collision parts 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 Hyundai Motor America, Inc., of Fountain Valley, CA, and Hyundai Motor Company of Seoul, Republic of Korea, on May 3, 2019.  The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain replacement automotive service and collision parts and components thereof that infringe registered U.S. trademarks 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:

Direct Technologies International, Inc., d/b/a DTI, Inc., of North Miami Beach, FL;
AJ Auto Spare Parts FZE of Dubai, United Arab Emirates;
John Auto Spare Parts Co. LLC of Sharjah, UAE; and
Cuong Anh Co. Ltd. of Ninh Binh Province, Viet Nam.

By instituting this investigation (337-TA-1160), 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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May 23, 2019

News Release 19-040

Inv. No(s). 337-TA-1158

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

USITC Institutes Section 337 Investigation of Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Software Components

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers, broadband gateways, and related hardware and software components.  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 Rovi Corporation and Rovi Guides, Inc., both of San Jose, CA, on April 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 digital video receivers, broadband gateways, and related hardware and software components 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:

Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC, of Philadelphia, PA;
Comcast Cable Communications Management, LLC, of Philadelphia, PA; and
Comcast Holdings Corporation of Philadelphia, PA.

By instituting this investigation (337-TA-1158), 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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