Patent infringement
USITC Institutes Section 337 Investigation of Certain Portable Electronic Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable electronic devices and components thereof. The products at issue in the investigation are portable electronic devices, such as smart phones, with the capability of playing stored media files selected by a user from a hierarchical display.
The investigation is based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc., of Milpitas, CA, on March 24, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable electronic devices 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:
ZTE Corporation of Guangdong, China;
ZTE (USA) Inc. of Richardson, TX;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc., of Tokyo, Japan;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA), Inc., of Atlanta, GA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics Mobilecomm U.S.A., Inc., of San Diego, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
Blackberry Ltd. of Waterloo, Ontario, Canada; and
Blackberry Corporation of Irving, Texas.
By instituting this investigation (337-TA-994), 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.
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 height-adjustable desk platforms, and components thereof, which are designed to allow users to work while standing rather than sitting. The products allow users to securely position their work surfaces at different heights.
The investigation is based on a complaint filed by Varidesk LLC of Coppell, TX, on March 18, 2016. 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 limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Nortek, Inc., of Providence, RI; and
Ergotron, Inc., of St. Paul, MN.
By instituting this investigation (337-TA-992), 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.
USITC Institutes Section 337 Investigation of Certain Nanopores and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nanopores and products containing same. The products at issue in the investigation are nanopores and DNA sequencers containing nanopores.
The investigation is based on a complaint filed by Illumina Inc. of San Diego, CA; the University of Washington of Seattle, WA; and UAB Research Foundation of Birmingham, AL, on February 23, 2016 and subsequently supplemented on March 2, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain nanopores and products containing 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:
Oxford Nanopore Technologies Ltd. of Oxford, United Kingdom; and
Oxford Nanopore Technologies, Inc., of Cambridge, MA.
By instituting this investigation (337-TA-991), 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.
USITC Institutes Section 337 Invstigation of Certain Mobile Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics (including smartphones and smartwatches) and components thereof. The products at issue in the investigation are smartphones and smartwatches.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 11, 2016. 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 incorporating haptics (including smartphones and smartwatches) 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:
Apple Inc. of Cupertino, CA;
AT&T Inc. of Dallas, TX; and
AT&T Mobility LLC of Atlanta, GA.
By instituting this investigation (337-TA-990), 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.
USITC Institutes Section 337 Investigation of Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated teller machines, ATM modules, components thereof, and products containing the same. The products at issue in the investigation are ATMs, ATM modules, components thereof, and products containing the same, including deposit automation modules, cash handling modules, and cassettes therefor.
The investigation is based on a complaint filed by Nautilus Hyosung Inc. of Seoul, Republic of Korea, and Nautilus Hyosung America, Inc., of Irving, TX, on February 9, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain automated teller machines, ATM modules, 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:
Diebold, Incorporated, of North Canton, OH; and
Diebold Self-Service Systems of North Canton, OH.
By instituting this investigation (337-TA-989), 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.
USITC Institutes Section 337 Investigation of Certain Pumping Bras
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pumping bras. The products at issue in the investigation are nursing bras that allow for hands-free pumping.
The investigation is based on a complaint filed by Simple Wishes, LLC, of Sacramento, CA, on February 5, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pumping bras that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
TANZKY of Chaohuilou, Luohugu, China;
BabyPreg of Shenzhen, Guangdong, China;
Deal Perfect of Shenzhen, Guangdong, China; and
Buywish of Nanjing, Jiangsu, China.
By instituting this investigation (337-TA-988), 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.
USITC Institutes Section 337 Investigation of Certain Hospital Beds and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hospital beds and components thereof. The products at issue in the investigation are hospital beds having certain side rail and braking features.
The investigation is based on a complaint filed by Stryker Corporation of Kalamazoo, MI, on February 1, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hospital beds and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Umano Médical Inc. of L’Islet, Quebec, Canada; and
Umano Médical World Inc. of L’Islet, Quebec, Canada.
By instituting this investigation (337-TA-987), 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.
USITC Institutes Section 337 Investigation of Certain Diaper Disposal Systems and Components Thereof, Including Diaper Refill Cassettes
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain diaper disposal systems and components thereof, including diaper refill cassettes. The products at issue in the investigation are generally refill cassettes for diaper disposal systems that contain plastic film that ultimately forms disposal bags for soiled diapers so that the diapers may be disposed of in a hygienic way.
The investigation is based on a complaint filed by Edgewell Personal Care Brands, LLC, of Chesterfield, MO, and International Refills Company Ltd. of Welches, Christ Church, Barbados, on January 21, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain diaper disposal systems and components thereof, including diaper refill cassettes, 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:
Munchkin, Inc. of Van Nuys, CA;
Munchkin Baby Canada, Ltd., of Brampton, Ontario, Canada; and
Lianyungang Brilliant Daily Products Co. Ltd. of Lianyungang, Jiangsu, China.
By instituting this investigation (337-TA-986), 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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USITC Institutes Section 337 Investigation of Certain Surgical Stapler Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain surgical stapler devices and components thereof. The products at issue in the investigation are surgical stapler devices for use in abdominal, gynecologic, pediatric, and thoracic surgeries.
The investigation is based on a complaint filed by Covidien LP of Mansfield, MA, on January 8, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain surgical stapler devices and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Chongqing QMI Surgical Co., Ltd., of Chongqing, China, as the respondent in this investigation.
By instituting this investigation (337-TA-985), 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.
USITC Institutes Section 337 Investigation of Certain Computing or Graphic Systems, Components Thereof, and Vehicles Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computing or graphic systems, components thereof, and vehicles containing same. The products at issue in the investigation include semiconductor chips that provide graphics functionality found in certain vehicle computing systems, navigation systems with such semiconductor chips, and vehicles that contain certain types of computing or graphic systems.
The investigation is based on a complaint filed by Advanced Silicon Technologies LLC of Portsmouth, NH, on December 28, 2015. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computing or graphics systems, components thereof, and vehicles containing 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:
Bayerische Motoren Werke AG of Munich, Germany;
BMW of North America, LLC, of Woodcliff Lake, NJ;
BMW Manufacturing Co., LLC, of Greer, SC;
Fujitsu Ten Limited of Kobe-shi, Hyogo-ken, Japan;
Fujitsu Ten Corp. of America, Inc., of Novi, MI;
Harman International Industries Incorporated of Stamford, CT;
Harman Becker Automotive Systems, Inc., of Farmington Hills, MI;
Harman Becker Automotive Systems GmbH of Karlsbad, Germany;
Honda Motor Co., Ltd., of Tokyo, Japan;
Honda North America, Inc., of Torrance, CA;
American Honda Motor Co., Inc., of Torrance, CA;
Honda Engineering North America, Inc., of Marysville, OH;
Honda of America Mfg., Inc., of Marysville, OH;
Honda Manufacturing of Alabama, LLC, of Lincoln, AL;
Honda Manufacturing of Indiana, LLC, of Greensburg, IN;
Honda R&D Americas, Inc., of Torrance, CA;
NVIDIA Corporation of Santa Clara, CA;
Renesas Electronics Corporation of Tokyo, Japan;
Renesas Electronics America, Inc., of Santa Clara, CA;
Texas Instruments Incorporated of Dallas, TX;
Toyota Motor Corporation of Toyota-shi, Aichi-ken, Japan;
Toyota Motor North America, Inc., of New York, NY;
Toyota Motor Sales, U.S.A., Inc., of Torrance, CA;
Toyota Motor Engineering & Manufacturing North America, Inc., of Erlanger, KY;
Toyota Motor Manufacturing, Indiana, Inc., of Princeton, IN;
Toyota Motor Manufacturing, Kentucky, Inc., of Georgetown, KY;
Toyota Motor Manufacturing, Mississippi, Inc., of Blue Springs, MS;
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Volkswagen Group of America Chattanooga Operations, LLC, of Chattanooga, TN;
Audi AG of Inglostadt, Germany; and
Audi of America, LLC, of Herndon, VA.
By instituting this investigation (337-TA-984), 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.