Patent infringement
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.
USITC Institutes Section 337 Investigation of Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same. The products at issue in the investigation are light sources for semiconductor manufacturing equipment, and products that include those light sources.
The investigation is based on a complaint filed by Energetiq Technology, Inc., of Woburn, MA, on December 15, 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 laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same 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 the following as respondents in this investigation:
ASML Netherlands B.V. of Veldhoven, Netherlands;
ASML US, Inc., of Chandler, AZ; and
Qioptiq Photonics GmbH and Co. KG of Göttingen, Germany.
By instituting this investigation (337-TA-983), 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 RF Capable Integrated Circuits and Products Containing The Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain RF capable integrated circuits and products containing the same. The products at issue in the investigation include RF receivers, RF transmitters, RF transceivers and products containing the same such as smartphones and tablets.
The investigation is based on a complaint filed by ParkerVision, Inc., of Jacksonville, FL, on December 15, 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 RF capable integrated circuits 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:
Apple Inc. of Cupertino, CA;
LG Electronics, Inc., of the Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics MobileComm U.S.A., Inc., of San Diego, CA;
Samsung Electronics Co., Ltd., of the Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Samsung Semiconductor, Inc., of San Jose, CA; and
QUALCOMM Incorporated of San Diego, CA.
By instituting this investigation (337-TA-982), 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 Rack Mountable Power Distribution Units
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain rack mountable power distribution units. The products at issue in the investigation are rack mountable power distribution units (“PDUs”) often used in data centers with large numbers of computers and servers, where the PDUs include functionality to efficiently and reliably provide power to such equipment.
The investigation is based on a complaint filed by Server Technology, Inc., of Reno, NV, on December 8, 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 rack mountable power distribution units 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:
Raritan Americas, Inc., of Somerset, NJ;
Legrand North America of West Hartford, CT; and
Legrand SA of Limoges, France.
By instituting this investigation (337-TA-980), 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 Radio Frequency Identification (RFID) Products and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (RFID) products and components thereof. The products at issue in the investigation include readers and transponders combined into identification systems, such as those used to identify vehicles traveling on a toll road so that the toll can be electronically collected.
The investigation is based on a complaint filed by Neology, Inc., of Poway, CA, on December 4, 2015. A supplement to the complaint was filed on December 22, 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 radio frequency identification (RFID) products 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:
Kapsch TrafficCom IVHS, Inc., of McLean, VA;
Kapsch TrafficCom IVHS Holding Corp. of McLean, VA;
Kapsch TrafficCom IVHS Technologies Holding Corp. of McLean, VA;
Kapsch TrafficCom U.S. Corp. of McLean, VA;
Kapsch TrafficCom Holding Corp. of McLean, VA;
Kapsch TrafficCom Canada, Inc., of Mississauga, Ontario, Canada;
Star Systems International, Ltd., of Kwai Chung, Hong Kong; and
STAR RFID Co., Ltd., of Bangkok, Thailand.
By instituting this investigation (337-TA-979), 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 Chassis Parts Incorporating Movable Sockets and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain chassis parts incorporating moveable sockets and components thereof. The products at issue in the investigation are moveable sockets used in automotive steering and suspension systems.
The investigation is based on a complaint filed by Federal-Mogul Motorparts Corporation of Southfield, MI, on November 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 chassis parts incorporating moveable sockets and components thereof that infringe a patent 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 Mevotech, L.P., of Toronto, Ontario, Canada, as the respondent in this investigation.
By instituting this investigation (337-TA-978), 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 Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain arrowheads with deploying blades and components thereof and packaging therefor. The products at issue in the investigation are arrowheads for hunting with blades that deploy upon impacting a target.
The investigation is based on a complaint filed by FeraDyne Outdoors LLC and Out RAGE LLC, both of Cartersville, GA, on November 17, 2015. A supplement to the complaint was filed on December 4, 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 arrowheads with deploying blades and components thereof and packaging therefor that infringe patents and a trademark asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Linyi Junxing Sports Equipment Co., Ltd., of Linyi, Shandong, China;
Ningbo Faith Sports Co., Ltd., of Ningbo, Zhejiang, China;
Ningbo Forever Best Import & Export Co. Ltd. of Jiangsu, China;
Ningbo Linkboy Outdoor Sports Co., Ltd., of Ningbo, Zhejiang, China;
Shenzhen Zowaysoon Trading Company Ltd. of Shenzhen, China;
Xiamen Xinhongyou Industrial Trade Co. Ltd. of Xiamen, Fujian, China;
Xiamen Zhongxinyuan Industry & Trade Ltd. of Xiamen, Fujian, China;
Zhengzhou IRQ Trading Limited Company of Henan, China; and
Zhengzhou Paiao Trade Co., Ltd., of Zhengzhou, Henan, China.
By instituting this investigation (337-TA-977), 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 Woven Textile Fabrics and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain woven textile fabrics and products containing same. The products at issue in the investigation are high thread count cotton and polyester sheets and bedding products.
The investigation is based on a complaint filed by AAVN, Inc., of Richardson, TX, on October 1, 2015. An amended complaint was filed on October 20, 2015, and a second amended complaint was filed on November 12, 2015. The complaint, as twice amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain woven textile fabrics and products containing same that infringe a patent asserted by AAVN or are the subject of false and misleading advertising. 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:
AQ Textiles, LLC, of Greensboro, NC;
Creative Textile Mills Pvt. Ltd. of Mumbai, Maharashtra, India;
Indo Count Industries Ltd. of Mumbai, Maharashtra, India;
Indo Count Global, Inc., of New York, NY;
GHCL Ltd. of Pradesh, India;
Grace Home Fashions LLC of New York, NY;
E & E Company, Ltd., of Thane, Maharashtra, India;
E & E Company, Ltd., d/b/a JLA Home, of Fremont, CA;
Welspun Global Brands Ltd. of Gujarat, India;
Welspun USA Inc. of New York, NY;
Elite Home Products, Inc., of Saddle Brook, NJ;
Pradip Overseas Ltd. of Ahmedabad, India;
Pacific Coast Textiles, Inc., of Garden Grove, CA;
Amrapur Overseas, Inc., of Garden Grove, CA; and
Westport Linens, Inc., of New York, NY.
By instituting this investigation (337-TA-976), 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 Aquarium Fittings and Parts Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain aquarium fittings and parts thereof. The products at issue in the investigation are accessories for fish tanks.
The investigation is based on a complaint filed by HYDOR USA, Inc., of Sacramento, CA, on November 6, 2015. Letters supplementing the complaint were filed on November 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 aquarium fittings and parts thereof that infringe a patent 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 a cease and desist order.
The USITC has identified JEBAO Co., Ltd., of Dongsheng Town, Zhongshan City, Guangdong Province, China, as the respondent in this investigation.
By instituting this investigation (337-TA-974), 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.