Patent infringement
USITC Institutes Section 337 Investigation of Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain air mattress systems, components thereof, and methods of using the same. The products at issue in the investigation are mattresses in which the traditional inner spring and foam construction is replaced by an adjustable air mattress system which can be adjusted to meet the firmness preferences of sleeping partners or as one’s sleeping preferences change over time.
The investigation is based on a complaint filed by Select Comfort Corporation of Minneapolis, MN, and Select Comfort SC Corporation of Greenville, SC, on October 16, 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 air mattress systems, components thereof, and methods of using the 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:
Sizewise Rentals LLC of Kansas City, MO;
American National Manufacturing Inc., of Corona, CA; and
Dires LLC and Dires LLC d/b/a Personal Comfort Beds of Orlando, FL.
By instituting this investigation (337-TA-971), 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 Blood Cholesterol Test Strips and Associated Systems Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood cholesterol test strips and associated systems containing same. The products at issue in the investigation are point of care blood cholesterol testing meters, test strips, and systems containing the same.
The investigation is based on a complaint filed by Polymer Technology Systems, Inc., of Indianapolis, IN, on October 2, 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 blood cholesterol test strips and associated systems containing same that infringe a patent asserted by the complainant. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Infopia Co., Ltd., of Anyang-si, Gyeonggi-do, Republic of Korea;
Infopia America LLC of Titusville, FL; and
Jant Pharmacal Corporation of Encino, CA.
By instituting this investigation (337-TA-969), 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 Radiotherapy Systems and Treatment Planning Software, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radiotherapy systems and treatment planning software and components thereof. The products at issue in the investigation are medical systems that employ radiotherapy to treat cancer.
The investigation is based on a complaint filed by Varian Medical Systems, Inc., of Palo Alto, CA, and Varian Medical Systems International AG of Cham, Switzerland, on September 25, 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 radiotherapy systems and treatment planning software and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Elekta AB of Stockholm, Sweden;
Elekta Ltd. of Crawley, United Kingdom;
Elekta GmbH of Hamburg, Germany;v Elekta Inc. of Atlanta, GA;
IMPAC Medical Systems, Inc., of Sunnyvale, CA;
Elekta Instrument (Shanghai) Limited of Shanghai, China; and
Elekta Beijing Medical Systems Co. Ltd. of Beijing, China.
By instituting this investigation (337-TA-968), 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 Document Cameras and Software for Use Therewith
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain document cameras and software for use therewith. The products at issue in the investigation are high-resolution document cameras and software for use therewith that display, manipulate, zoom and resize high-resolution images and video.
The investigation is based on a complaint filed by Pathway Innovations & Technologies, Inc., of San Diego, CA, on August 20, 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 document cameras and software for use therewith 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:
Recordex USA, Inc., of Long Island City, NY;
QOMO HiteVision, LLC, of Wixom, MI; and
Adesso, Inc., of Walnut, CA.
By instituting this investigation (337-TA-967), 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 Silicon-on-Insulator Wafers
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon-on-insulator (“SIO”) wafers. The products at issue in the investigation are SOI wafers, which are used, for example, in the manufacture of radio frequency (“RF”) modules for smartphones and other mobile devices.
The investigation is based on a complaint filed by Silicon Genesis Corp. of San Jose, CA, on August 19, 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 silicon-on-insulator wafers that infringe patents asserted by the complainant. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified Soitec S.A., of Bernin, France, as the respondent in this investigation.
By instituting this investigation (337-TA-966), 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 Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain table saws incorporating active injury mitigation technology and components thereof. The products at issue in the investigation are table saws that quickly stop and/or retract the cutting blade to prevent serious injury when detecting that the operator has made contact with the blade.
The investigation is based on an amended complaint filed by SawStop, LLC, and SD3, LLC, both of Tualatin, OR, on July 30, 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 table saws incorporating active injury mitigation technology and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Robert Bosch Tool Corporation of Mount Prospect, IL; and
Robert Bosch GmbH of Baden-Wuerttemberg, Germany.
By instituting this investigation (337-TA-965), 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 Windscreen Wipers and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain windscreen wipers and components thereof. The products at issue in the investigation are automotive windscreen wipers, or windshield wipers, known in the industry as “flat blades” or “beam blades.”
The investigation is based on a complaint filed by Trico Products Corporation of Rochester Hills, MI, on July 20, 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 windscreen wipers and components thereof that infringe U.S. Patent Nos. 6,836,925 and 6,799,348 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:
Valeo North America, Inc., of Troy, MI; and
Delmex de Juarez S. de R.L. de C.V. of Cd. Juarez, Chihuahua, Mexico.
By instituting this investigation (337-TA-964), 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 Activity Tracking Devices, Systems, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain activity tracking devices, systems, and components thereof. The products at issue in the investigation are personal devices worn by individuals that electronically record physiological data and activity such as walking or running.
The investigation is based on a complaint filed by AliphCom d/b/a Jawbone of San Francisco, CA, and Bodymedia, Inc., of Pittsburgh, PA, on July 7, 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 activity tracking devices, systems, and components thereof that infringe patents asserted by the complainants, and that use or were made using misappropriated trade secrets. 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:
Fitbit, Inc., of San Francisco, CA;
Flextronics International Ltd. of San Jose, CA; and
Flextronics Sales & Marketing (A-P) Ltd. of Port Louis, Mauritius.
By instituting this investigation (337-TA-963), 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 Resealable Packages with Slider Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain resealable packages with slider devices. The products at issue in the investigation are resealable bags with slider devices.
The investigation is based on a complaint filed by Reynolds Presto Products Inc., of Appleton, WI, on June 17, 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 resealable packages with slider devices that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or a limited exclusion order if a general exclusion order is not issued, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Inteplast Group, Ltd., of Livingston, NJ; and
Minigrip, LLC, of Alpharetta, GA.
By instituting this investigation (337-TA-962), 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 Toner Supply Containers and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner supply containers and components thereof. The products at issue in the investigation are toner supply containers for use in copy machines.
The investigation is based on a complaint filed by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on June 12, 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 toner supply containers 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:
General Plastic Industrial Co., Ltd., of Wu-Chi Town, Taichung County, Taiwan; and
Color Imaging, Inc., of Norcross, GA.
By instituting this investigation (337-TA-960), 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.