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Patent infringement

August 31, 2017

News Release 17-123

Inv. No(s). 337-TA-1068

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

USITC Institutes Section 337 Investigation of Certain Microfluidic Devices

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microfluidic devices.  The products at issue in the investigation are certain microfluidic devices, commonly referred to as chips or cartridges, specifically designed to use either alone or in combination with genetic sequencing platforms.

The investigation is based on a complaint filed by Bio-Rad Laboratories, Inc., of Hercules, CA, and Lawrence Livermore National Security LLC of Livermore, CA, on July 31, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain microfluidic devices that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified 10X Genomics, Inc., of Pleasanton, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-1068), 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 22, 2017

News Release 17-119

Inv. No(s). 337-TA-1167

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

USITC Institutes Section 337 Investigation of Certain Road Milling Machines and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain road milling machines and components thereof.  The products at issue in the investigation are used to mill asphalt and concrete pavement to create an even base for the construction of a new surface.  The accused products include road milling machines, and components of a road milling machine such as:  scrapers, auxiliary drives, height-adjustable lighting columns, milling drum uncoupling functionality and hydraulically stabilized chassis.

The investigation is based on a complaint filed by Wirtgen America, Inc., of Antioch, TN, on July 19, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain road milling machines 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:

Caterpillar Bitelli SpA of Minerbio BO, Italy;
Caterpillar Prodotti Stradali S.r.L. of Minerbio BO, Italy;
Caterpillar Americas CV of Geneva, Switzerland;
Caterpillar Paving Products, Inc., of Minneapolis, MN; and
Caterpillar Inc. of Peoria, IL.

By instituting this investigation (337-TA-1067), 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 8, 2017

News Release 17-116

Inv. No(s). 337-TA-1066

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

USITC Institutes Section 337 Investigation of Certain Recombinant Factor IX Products

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain recombinant Factor IX products.  The products at issue in the investigation are certain recombinant Factor IX products for treatment of hemophilia B.

The investigation is based on a complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC, all of Waltham, MA, on July 7, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain recombinant Factor IX products 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:

CSL Behring LLC of King of Prussia, PA;
CSL Behring GmbH of Marburg, Hessen, Germany; and
CSL Behring Recombinant Facility AG of Bern, Switzerland.

By instituting this investigation (337-TA-1066), 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 1, 2017

News Release 17-107

Inv. No(s). 337-TA-1064

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

USITC Institutes Section 337 Investigation of Certain Shielded Electrical Ribbon Cables and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shielded electrical ribbon cables and products containing the same.  The products at issue in the investigation are shielded electrical ribbon cables that can effectively transmit electromagnetic signals at high speeds and products containing those cables, such as data servers.

The investigation is based on a complaint filed by 3M Company and 3M Innovative Properties Company, both of St. Paul, MN, on June 30, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain shielded electrical ribbon cables and products containing the 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 a cease and desist order.

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

Amphenol Corporation of Wallingford, CT;Amphenol Interconnect Products Corporation of Endicott, NY;
Amphenol Cables on Demand Corporation of Endicott, NY;
Amphenol Assemble Technology (Xiamen) Co., Ltd., of Xiamen, Fujian, China;
Amphenol (Xiamen) High Speed Cable Co., Ltd., of Xiamen, Fujian, China; and
Amphenol East Asia Limited (Taiwan) of Taoyuan County, Taiwan.

By instituting this investigation (337-TA-1064), 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 26, 2017

News Release 17-104

Inv. No(s). 337-TA-1063

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

USITC Institutes Section 337 Investigation of Certain X-Ray Breast Imaging Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain x-ray breast imaging devices and components thereof.  The products at issue in the investigation are x-ray breast imaging devices and components thereof for use in digital mammography.

The investigation is based on a complaint filed by Hologic, Inc., of Marlborough, MA, on June 28, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain x-ray breast imaging devices 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:

FUJIFILM Corporation of Tokyo, Japan;
FUJIFILM Medical Systems USA, Inc., of Stamford, CT; and
FUJIFILM Techno Products Co., Ltd., of Hanamaki-Shi, Japan.

By instituting this investigation (337-TA-1063), 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 21, 2017

News Release 17-092

Inv. No(s). 337-TA-1061

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

USITC Institutes Section 337 Investigation of Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain bar code readers, scan engines, products containing the same, and components thereof.  The products at issue in the investigation are bar code readers, including 2D bar code readers, that can adjust to various environmental conditions (e.g., changes in lighting, scan angle) to read a bar code.

The investigation is based on a complaint filed by Honeywell International, Inc., of Morris Plains, NJ; Hand Held Products, Inc., d/b/a Honeywell Scanning and Mobility of Fort Mill, SC; and Metrologic Instruments, Inc., d/b/a Honeywell Scanning and Mobility of Fort Mill, SC, on May 23, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain bar code readers, scan engines, products containing the same, and components thereof that infringe certain claims of the 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:

The Code Corporation of Draper, UT; and
Cortex Ptd. Ltd. of Inno Center, Singapore.

By instituting this investigation (337-TA-1061), 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 7, 2017

News Release 17-085

Inv. No(s). 337-TA-1060

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

USITC Institutes Section 337 Investigation of Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-ray Players

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players.  The products at issue in the investigation are consumer electronics devices that may be used for a range of purposes, including entertainment, gaming, and telecommunications activities.

The investigation is based on a complaint filed by ARRIS Enterprises LLC of Suwanee, GA, on May 9, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players 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:

Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY;
Sony Electronics Inc. of San Diego, CA;
Sony Interactive Entertainment, Inc., of Tokyo, Japan;
Sony Mobile Communications (USA), Inc., of San Mateo, CA;
Sony Interactive Entertainment LLC of San Mateo, CA; and
Sony Interactive Entertainment America LLC of San Mateo, CA.

By instituting this investigation (337-TA-1060), 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 26, 2017

News Release 17-079

Inv. No(s). 337-TA-1059

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

USITC Institutes Section 337 Investigation of Certain Digital Cameras, Software, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital cameras, software, and components thereof.  The products at issue in the investigation are digital cameras that include image sensors and image processing software.

The investigation is based on a complaint filed by Carl Zeiss AG of Oberkochen, Germany, and ASML Netherlands B.V. of Veldhoven, Netherlands, on April 28, 2017.  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 cameras, software, 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;
Sendai Nikon Corporation of Miyagi, Japan;
Nikon Inc. of Melville, NY;
Nikon (Thailand) Co., Ltd., of Ayutthaya, Thailand;
Nikon Imaging (China) Co., Ltd., of Wuxi, Jiangsu, China; and
PT Nikon Indonesia of Jakarta, Indonesia.

By instituting this investigation (337-TA-1059), 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 26, 2017

News Release 17-077

Inv. No(s). 337-TA-1058

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

USITC Institutes Section 337 Investigation of Certain Magnetic Tape Cartridges and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic tape cartridges and components thereof.  The products at issue in the investigation are magnetic tape cartridge products, as well as the cartridge components, magnetic tape, and memory units comprising such products.

The investigation is based on a complaint filed by Sony Corporation of Tokyo, Japan; Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony Storage Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. of Terre Haute, IN; and Sony Latin America Inc. of Miami, FL, on April 28, 2017.  Supplements to the Complaint were filed on May 2, 2017 and May 19, 2017.  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 magnetic tape cartridges 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:

Fujifilm Holdings Corporation of Tokyo, Japan;
Fujifilm Corporation of Tokyo, Japan;
Fujifilm Media Manufacturing Co., Ltd., of Kanagawa, Japan;
Fujifilm Holdings America Corporation of Valhalla, NY; and
Fujifilm Recording Media U.S.A., Inc., of Bedford, MA.

By instituting this investigation (337-TA-1058), 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 10, 2017

News Release 17-070

Inv. No(s). 337-TA-1056

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

USITC Institutes Section 337 Investigation Concerning Certain Collapsible Sockets for Electronic Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain collapsible sockets for electronic devices and components thereof.  The products at issue in the investigation are accessories that can be secured to a mobile device and used, for example, as a collapsible grip, stand, or cord wrap.

The investigation is based on a complaint filed by PopSockets LLC of Boulder, CO, on April 10, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain collapsible sockets for electronic devices and components thereof 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:

Agomax Group Ltd. of Tsimshatsui, Kowloon, Hong Kong;
Guangzhou Xi Xun Electronics Co., Ltd., of Guangzhou, Guangdong, China;
Shenzhen Chuanghui Industry Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen VII Electonic Limited of Shenzhen, Guangdong, China
Shenzhen Yright Technology Co., Ltd., of Shenzhen, Guangdong, China;
Hangzhou Hangkai Technology Co., Ltd., of Hangzhou City, Zhejiang Province, China;
Shenzhen Kinsen Technology Co., Limited, of Shenzhen, Guangdong, China;
Shenzhen Enruize Technology Co., Ltd., of Futian District, Shenzhen, China;
Shenzhen Showerstar Industrial Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Lamye Technology Co., Ltd., of Shenzhen, Guangdong, China;
Jiangmen Besnovo Electronics Co., Ltd., of Jiangmen, Guangdong, China;
Shenzhen Belking Electronic Co., Ltd., of Shenzhen, Guangdong, China;
Yiwu Wentou Import & Export Co., Ltd., of Jinhua, Zhejiang, China; and
Shenzhen CEX Electronic Co., Limited, of Shenzhen, Guangdong, China.

By instituting this investigation (337-TA-1056), 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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