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 masks that are used in continuous positive airway pressure (“CPAP”) therapy systems.

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 NSW, Australia, on August 17, 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 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 East Tamaki, Auckland, New Zealand;
Fisher & Paykel Healthcare, Inc., of Irvine, CA; and
isher & Paykel Healthcare Distribution Inc. of Irvine, CA.

By instituting this investigation (337-TA-1022), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal transporters and components thereof.  The products at issue in the investigation are self-balancing, electric vehicles for carrying a person.

The investigation is based on a complaint filed by Segway Inc. of Bedford, NH; DEKA Products Limited Partnership of Manchester, NH; and Ninebot (Tianjin) Technology Co., Ltd., of Tianjin, China, on August 16, 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 personal transporters 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:

Powerboard LLC of Scottsdale, AZ;
Metem Teknologi Sistemleri San of Istanbul, Turkey;
Changzhou Airwheel Technology Co., Ltd., of Changzhou, Jiangsu, China;
Airwheel of Amsterdam, Netherlands;
Nanjing Fastwheel Intelligent Technology Co., Ltd. of Qixia District, Nanjing, China;
Shenzhen Chenduoxing Electronic Technology Ltd., China, a.k.a. C-Star, of Shenzhen, China;
Hangzhou Chic Intelligent Technology Co., Ltd., of Hangzhou, China;
Hovershop of Placentia, CA;
Shenzhen Jomo Technology Co., Ltd., a.k.a. Koowheel of Shenzhen City, China;
Guangzhou Kebye Electronic Technology Co., Ltd., a.k.a. Gotway of Shenzhen, China; and
Inventist, Inc., of Camas, WA.

By instituting this investigation (337-TA-1021), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain industrial control system software, systems using the same, and components thereof.  The products at issue in the investigation are programmable industrial controllers and associated software used for the automation of industrial processes in facilities such as factories, warehouses, and utilities.

The investigation is based on a complaint filed by Rockwell Automation, Inc., of Milwaukee, WI, on August 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 industrial control system software, systems using the same, 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:

3S-Smart Software Solutions, GmbH, of Kempten, Germany;
Advantech Corporation of Milpitas, CA; and
Advantech Co., Ltd., of Taipei City, Taiwan.

By instituting this investigation (337-TA-1020), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain krill oil products and krill meal for production of krill oil products.  The products at issue in this investigation are krill meal, for use in producing krill oil to be taken as a dietary supplement, and krill oil made from krill meal (including krill oil in capsule form) that can be taken as a dietary supplement. 

The investigation is based on a complaint filed by Aker BioMarine Antarctic AS of Lysaker, Norway, and Aker BioMarine Manufacturing, LLC of Houston, TX, on August 12, 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 krill oil products and krill meal for production of krill oil 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:

Olympic Holding AS of Fosnavåg, Norway;
Rimfrost AS of Fosnavåg, Norway;
Emerald Fisheries AS of Fosnavåg, Norway;
Avoca Inc. of Merry Hill, NC;
Rimfrost USA, LLC, of Merry Hill, NC;
Rimfrost New Zealand Limited of Richmond, Nelson, NZ; and
Bioriginal Food & Science Corp. of Saskatoon, Saskatchewan, Canada.

By instituting this investigation (337-TA-1019), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain athletic footwear.  The products at issue in the investigation are athletic running and training footwear with specific sole technology.

The investigation is based on a complaint filed by Reebok International Ltd. of Canton, MA, and Reebok International Limited of London, England, on August 10, 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 athletic footwear 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:

TRB Acquisitions LLC of New York, NY;
RBX Active 01 LLC of New York, NY;
RBX DIRECT LLC of New York, NY;
RBX.COM LLC of New York, NY; and
Elite Performance Footwear, LLC, of New York, NY.

By instituting this investigation (337-TA-1018), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain quartz slabs and portions thereof (II).  The products at issue in the investigation are quartz slabs to be used, for example, as countertops.

The investigation is based on a complaint filed by Cambria Company LLC of Belle Plaine, MN, on July 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 quartz slabs and portions thereof (II) 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:

Stylen Quaza LLC DBA Vicostone USA of Dallas, TX;
Vicostone Joint Stock Company of Hanoi, Vietnam;
Building Plastics Inc. of Memphis, TN;
Fasa Industrial Corporation, Ltd., of Foshan, Guangdong Province, China;
Foshan FASA Building Material Co., Ltd., of Foshan, Guangdong Province, China;
Solidtops LLC of Oxford, MD;
Dorado Soapstone LLC of Denver, CO; and
Pental Granite and Marble Inc. of Seattle, WA.

By instituting this investigation (337-TA-1017), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain access control systems and components thereof.  The products at issue in the investigation are barrier movement operators, such as garage or gate openers.

The investigation is based on a complaint filed by The Chamberlain Group Inc. of Elmhurst, IL, on July 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 access control 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:

Techtronic Industries Co. Ltd. of Hong Kong;
Techtronic Industries North America, Inc., of Hunt Valley, MD;
One World Technologies Inc. of Anderson, SC;
OWT Industries Inc. of Pickens, SC;
Ryobi Technologies, Inc., of Anderson, SC; and
Et Technology (Wuxi) Co., Ltd., of Wuxi, Zhejiang, China.

By instituting this investigation (337-TA-1016), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hand dryers and housings for hand dryers.  The products at issue in the investigation are hand dryers, including high-efficiency hand dryers typically used in restrooms in commercial settings. 

The investigation is based on a complaint filed by Excel Dryer, Inc., of East Longmeadow, MA, June 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 hand dryers and housings for hand dryers that infringe the complainant’s trade dress.  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:

ACL Group (Intl.) Ltd. of Doncaster, United Kingdom;
Alpine Industries Inc. of Irvington, New Jersey;
FactoryDirectSale of Ontario, CA;
Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of Xiamen, Fujian, China;
Jinhua Kingwe Electrical Co. Ltd. (a/k/a Kingwe) of Jinhua City, Zhejiang Province, China;
Penson & Co. of Shanghai, China;
Taizhou Dihour Electrical Appliances Co. Ltd. of Wenling City, ZheJiang Province, China;
TC Bunny Co., Ltd., of Shanghai, China;
Toolsempire of Ontario, CA;
US Air Hand Dryer of Sacramento, CA;
Sovereign Industrial (Jiaxing) Co. Ltd. of Jiaxing Zhejiang Jiaxing, China; and
Zhejiang Aike Appliance Co., Ltd. of Xianju, Taizhou, Zhejiang, China.

By instituting this investigation (337-TA-1015), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain potassium chloride powder products.  The products at issue in the investigation are potassium chloride powder products for the treatment of hypokalemia in adults and pediatric patients, particularly, potassium chloride for oral solution. 

The investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., of Allentown, PA; Endo Global Ventures of Hamilton, Bermuda; Endo Ventures Limited of Dublin, Ireland; and Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical) of Huntsville, AL, on June 15, 2016.  The complainants allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain potassium chloride powder products by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States.  The complainants request 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:

Viva Pharmaceutical Inc. of Richmond, British Columbia, Canada;
Virtus Pharmaceuticals, LLC, of Tampa, FL; and
Virtus Pharmaceuticals OPCO II, LLC, of Nashville, TN.

By instituting this investigation (337-TA-1013), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic data storage tapes and cartridges containing the same.  The products at issue in the investigation are Linear Tape-Open (“LTO”) magnetic tape media for data storage and tape cartridges.

The investigation is based on a complaint filed by FUJIFILM Corporation of Tokyo, Japan, and FUJIFILM Recording Media USA, Inc., of Bedford, MA, on May 27, 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 magnetic data storage tapes and cartridges containing the same 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 the following as respondents in this investigation:

Sony Corporation of Tokyo, Japan;
Sony Corporation of America of New York, NY; and
Sony Electronics, Inc., of San Diego, CA.

By instituting this investigation (337-TA-1012), 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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