Patent infringement
USITC Institutes Section 337 Investigation of Certain Electrical Connectors and Cages, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrical connectors and cages, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Amphenol Corp. of Wallingford, CT, on December 18, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electrical connectors and cages, 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:
Luxshare Precision Industry Co., Ltd., of Dongguan City, Guangdong Province, China;
Dongguan Luxshare Precision Industry Co. Ltd. of Dongguan City, Guangdong Province, China;
Luxshare Precision Limited (HK) of Fotan, New Territories, Hong Kong; and
Luxshare-ICT Inc. of Milpitas, CA.
By instituting this investigation (337-TA-1241), 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 Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain gabapentin immunoassay kits and test strips, components thereof, and methods therefor. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by ARK Diagnostics, Inc., of Fremont, CA, on December 2, 2020. A supplement to the complaint was filed on December 2, 2020 and an amended complaint was filed on December 23, 2020. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain gabapentin immunoassay kits and test strips, components thereof, and methods therefor 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:
Hangzhou AllTest Biotech Co., Ltd. of Hangzhou, China;
Shanghai Chemtron Biotech Co., Ltd. of Shanghai, China;
Chemtron Biotech Co., Ltd. of San Diego, CA;
Zhejiang Orient Gene Biotech Co., Ltd. of Zhejiang, China;
Healgen Scientific, LLC of Houston, TX;
Kappa City Biotech, SAS of Montlucon, France;
12PanelMedical, Inc. of Sarasota, FL;
Acro Biotech, Inc. of Rancho Cucamonga, CA;
AlcoPro, Inc. of Knoxville, TN;
American Screening, LLC of Shreveport, LA;
Confirm Biosciences, Inc. of San Diego, CA;
Mercedes Medical, LLC of Lakewood Ranch, FL;
TransMed Co., LLC of Alpharetta, GA; and
Transmetron, Inc. of Salt Lake City, UT.
By instituting this investigation (337-TA-1239), 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 Plant-Derived Recombinant Human Serum Albumins (rHSA) and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain plant-derived recombinant human serum albumins (“rHSA”) and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Ventria Bioscience Inc. of Junction City, KS, on December 16, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain plant-derived recombinant human serum albumins (“rHSA”) and products containing same by reason of (a) infringement of patents asserted by the complainant and (b) false designation of origin. 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:
Wuhan Healthgen Biotechnology Corp. of Wuhan, China;
ScienCell Research Laboratories, Inc., of Carlsbad, CA;
Aspira Scientific, Inc., of Milpitas, CA; and
eEnzyme LLC of Gaithersburg, MD.
By instituting this investigation (337-TA-1238), 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 Cloud-Connected Wood-Pellet Grills and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cloud-connected wood-pellet grills and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Traeger Pellet Grills LLC of Salt Lake City, UT, on November 25, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cloud-connected wood-pellet grills 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 GMG Products LLC as the respondent in this investigation.
By instituting this investigation (337-TA-1237), 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 Polycrystalline Diamond Compacts and Articles Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain polycrystalline diamond compacts and articles containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by US Synthetic Corporation of Orem, UT, on November 23, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain polycrystalline diamond compacts and articles 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:
SF Diamond Co., Ltd., of Zhengzhou, Henan, China;
SF Diamond USA, Inc., of Spring, TX;
Element Six Abrasives Holdings Ltd. of London, United Kingdom;
Element Six Global Innovation Centre of Oxfordshire, United Kingdom;
Element Six GmbH of Burghaun, Germany;
Element Six Limited of Nuffield, Springs, South Africa;
Element Six Production (Pty) Limited of Shannon, County Clare, Ireland;
Element Six Hard Materials (Wuxi) Co. Limited of Meicun, Wuxi New District, China;
Element Six Trading (Shanghai) Co. Limited of Pudong New District, Shanghai, China;
Element Six Technologies US Corporation of Santa Clara, CA;
Element Six US Corporation of Spring, TX;
ServSix US of Orem, UT;
Synergy Materials Technology Limited of Hong Kong, China;
Iljin Diamond Co., Ltd., of Seoul, Republic of Korea;
Iljin Holdings Co., Ltd., of Seoul, Republic of Korea;
Iljin USA Inc. of Houston, TX;
Iljin Europe GmbH of Eschborn, Germany;
Iljin Japan Co., Ltd., of Tokyo, Japan;
Iljin China Co., Ltd., of Minhang District, Shanghai, China;
Henan Jingrui New Material Technology Co., Ltd., of Zhengzhou City Airport, Henan, China;
Zhengzhou New Asia Superhard Materials Composite Co., Ltd., of Zhengzhou, Henan, China;
International Diamond Services, Inc., of Houston, TX;
CR Gems Superabrasives Co., Ltd., of Songjiang District, Shanghai, China;
FIDC Beijing Fortune International Diamond of Haidian District, Beijing, China;
Fujian Wanlong Superhard Material Technology Co., Ltd., of Quangzhou, Economic and Technology Development Zone, Fujian, China;
Zhuhai Juxin Technology of Zhuhai, Guangdong Province, China; and
Shenzhen Haimingrun Superhard Materials Co., Ltd., of Shenzhen City, Guangdong, China.
By instituting this investigation (337-TA-1236), 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 Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vehicle control systems, vehicles containing the same, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Jaguar Land Rover Limited of Coventry, United Kingdom, and Jaguar Land Rover North America, LLC, of Mahwah, NJ, on November 19, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain vehicle control systems, vehicles containing the same, 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:
Dr. Ing. h.c.F. Porsche AG, d/b/a Porsche AG, of Stuttgart, Germany;
Porsche Cars North America, Inc., of Atlanta, GA;
Automobili Lamborghini S.p.A. of Sant’Agata Bolognese, Italy;
Automobili Lamborghini America, LLC, of Herndon, VA;
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Audi AG of Ingolstadt, Germany; and
Audi of America, LLC, of Herndon, VA.
By instituting this investigation (337-TA-1235), 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 ("RFID") Products, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (“RFID”) products, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Amtech Systems LLC of Albuquerque, NM, on November 13, 2020. Supplements to the complaint were filed on November 16, 2020 and December 9, 2020. 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 radio frequency identification (“RFID”) products, 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:
Kapsch TrafficCom AG of Vienna, Austria;
Kapsch TrafficCom B.V. of Breda Noord-Brabant, Netherlands;
Kapsch TrafficCom Canada, Inc. of Mississauga, Ontario, Canada;
Kapsch TrafficCom Holding Corp. of McLean, VA;
Kapsch TrafficCom Holding II US Corp. of McLean, VA;
Kapsch TrafficCom IVHS, Inc. of McLean, VA;
Kapsch TrafficCom USA, Inc. of McLean, VA;
Kapsch TrafficCom Inc. of McLean, VA; and
Kapsch TrafficCom Services USA, Inc. of McLean, VA.
By instituting this investigation (337-TA-1234), 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 Digital Imaging Devices and Products Containing Same and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital imaging devices and products containing the same and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on an amended complaint filed by Pictos Technologies, Inc., of San Jose, CA, on October 23, 2020. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital imaging devices and products containing the same and components thereof that infringe patents asserted by the complainant and that were made using misappropriated trade secrets. 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:
Samsung Electronics Co., Ltd., of Gyeonggi, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Semiconductor, Inc., of San Jose, CA.
By instituting this investigation (337-TA-1231), 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 Electric Shavers and Components and Accessories Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric shavers and components and accessories thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Skull Saver, LLC, of Moorestown, NJ, on October 13, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric shavers and components and accessories thereof 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:
Rayenbarny Inc. of New York, NY;
Bald Shaver Inc. of Toronto, Ontario, Canada;
Suzhou Kaidiya Garments Trading Co., Ltd., d.b.a. “Digimator” of Suzhou, Jiangsu, China;
Shenzhen Aiweilai Trading Co., Ltd., d.b.a. “Teamyo” of Shenzhen, Guangdong, China;
Wenzhou Wending Electric Appliance Co., Ltd. of Yueqing City, Zhejiang Province, China;
Shenzhen Nukun Technology Co., Ltd., d.b.a. “OriHea” of Shenzhen, Guangdong, China;
Yiwu Xingye Network Technology Co. Ltd., d.b.a. “Roziapro” of Yiwu, Zhejiang, China;
Magicfly LLC of Center Hong Kong;
Yiwu City Qiaoyu Trading Co., Ltd. of Yiwu, Zhejiang, China;
Shenzhen Wantong Information Technology Co., Ltd., d.b.a. “WTONG” of Shenzhen, Guangdong, China; and
Shenzhen Junmao International Technology Co., Ltd., d.b.a. “Homeasy” of Shenzhen, Guangdong, China.
By instituting this investigation (337-TA-1230), 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 Storage and Retrieval Systems, Robots, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated storage and retrieval systems, robots, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by AutoStore Technology AS and AutoStore AS, both of Nedre Vats, Norway, and AutoStore System Inc. of Derry, NH, on October 1, 2020. 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 storage and retrieval systems, robots, 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:
Ocado Group Plc of Hatfield, Hertfordshire, United Kingdom;
Ocado Central Services Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Innovation Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Operating Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Solutions, Ltd., of Hatfield, Hertfordshire, United Kingdom;
Ocado Solutions USA Inc. of Tysons Corner, VA;
Tharsus Group Ltd. of Blyth, Northumberland, United Kingdom; and
Printed Motor Works Ltd. of Alton, Hampshire, United Kingdom.
By instituting this investigation (337-TA-1228), 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.