Patent infringement
USITC Institutes Section 337 Investigation of Certain Blowers and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blowers 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 Regal Beloit America, Inc., of Beloit, WI, on July 31, 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 blowers and components thereof that infringe a patent 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:
East West Manufacturing, LLC, of Atlanta, GA; and
East West Industries of Thu Dau Mot City, Binh Duong, Vietnam.
By instituting this investigation (337-TA-1217), 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 Vacuum Insulated Flasks and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vacuum insulated flasks 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 Steel Technology LLC d/b/a Hydro Flask of Bend, OR, and Helen of Troy Limited of El Paso, TX, on July 29, 2020. A supplement to the complaint was filed on August 18, 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 vacuum insulated flasks and components thereof that infringe patents and registered trademarks 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:
Everich and Tomic Houseware Co., Ltd., of Hangzhou, China;
Cangnan Kaiyisi E-Commerce Technology Co., Ltd., of Wenzhou, Zhejiang, China;
Shenzhen Huichengyuan Technology Co., Ltd., of Shenzhen, Guangdong, China;
Sinbada Impex Co., Ltd., of Hefei, Anhui, China;
Yongkang Huiyun Commodity Co., Ltd., of Jinhua, Zhejiang, China;
Wuyi Loncin Bottle Co., Limited, of Jinhua, Zhejiang, China;
Yiwu Honglu Daily Necessities Co., Ltd., Yiwu City, Zhejiang, China;
Zhejiang Yuchuan Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Zhejiang Yongkang Unique Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Suzhou Prime Gifts Co., Ltd., of Suzhou, Jiangsu, China;
Hangzhou Yuehua Technology Co., Ltd., of Hangzhou, Zhejiang, China;
Guangzhou Yawen Technology Co., Ltd., of Tianhe District, Guangzhou, China;
Yiwu Yiju E-commerce Firm of Yiwu City, Zhejiang Province, China;
Jinhua Ruizhi Electronic Commerce Co., Ltd., of Jinhua City, Zhejiang Province, China;
Womart (Tianjin) International Trade Co., Ltd., of Tianjin, China;
Shenzhen Yaxin General Machinery Co., Ltd., of Shenzhen, China;
Dunhuang Group a.k.a. DHgate of Beijing, China;
Eddie Bauer, LLC, of Bellevue, WA;
PSEB Holdings, LLC, of Wilmington, DE; and
HydroFlaskPup of Phoenix, AZ.
By instituting this investigation (337-TA-1216), 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 Mobile Electronic Devices and Laptop Computers
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile electronic devices and laptop computers. 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 Maxell, Ltd., of Kyoto, Japan, on July 17, 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 mobile electronic devices and laptop computers 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 Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1215), 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 described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Versa Products, Inc., of Los Angeles, CA, on July 20, 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 height-adjustable desk platforms and components thereof that infringe a patent 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:
Varidesk LLC of Coppell, TX;
CKNAPP SALES, INC., of Goodfield, IL;
Loctek, Inc., of Livermore, CA;
Loctek Ergonomic Technology Corporation of Ningbo City, Zhejiang Province, China;
Zhejiang Loctek Smart Drive Technology Co., Ltd., of Ningbo City, Zhejiang Province, China;
Amazon Import Inc. of El Monte, CA; and
Stand Steady Company, LLC, of Birmingham, AL.
By instituting this investigation (337-TA-1214), 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 Electronic Candle Products and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic candle products 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 The Sterno Group Companies, LLC, of Corona, CA, and Sterno Home Inc. of Coquitlam, BC, Canada, on July 15, 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 electronic candle products 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:
Shenzhen Liown Electronics Co. Ltd. of Shenzhen, Guangdong, China;
Luminara Worldwide, LLC, of Eden Prairie, MN; and
L Candle Company, LLC, of Brea, CA.
By instituting this investigation (337-TA-1212), 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 Investigtion of Certain Vaporizer Cartridges and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vaporizer cartridges 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 Juul Labs, Inc., of San Francisco, CA, on July 10, 2020. Supplements to the complaint were filed on July 21, 2020, and July 31, 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 vaporizer cartridges and components 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:
101 Smoke Shop, Inc., of Los Angeles, CA;
2nd Wife Vape of Haslet, TX;
Access Vapor LLC of Orlando, FL;
All Puff Store of Middleburg Heights, OH;
Alternative Pods of Palatine, IL;
Ana Equity LLC of Orlando, FL;
Aqua Haze LLC of Farmers Branch, TX;
Cali Pods of Houston, TX;
Canal Smoke Express, Inc., of New York, NY;
CaryTown Tobacco of Richmond, VA;
Cigar Road, Inc., of Woodland Hills, CA;
Cloud 99 Vapes of New York, NY;
DripTip Vapes LLC of Plantation, FL;
Shenzhen Azure Tech USA LLC f/k/a DS Vaping P.R.C. of Shenzhen, Guangdong, China;
eCig-City of Riverside, CA;
Ejuicedb of Farmingdale, NY;
eLiquid Stop of Glendale, CA;
Eon Pods LLC of Jersey City, NJ;
Evergreen Smokeshop of Oakland, CA;
EZFumes of Bedford, TX;
Guangdong Cellular Workshop Electronic Technology Co., Ltd., of Guangdong, China;
JC Pods of Elk Grove Village, IL;
Jem Pods, U.S.A., of Snellville, GA;
JUULSite Inc. of Bensenville, IL;
Keep Vapor Electronic Tech. Co., Ltd., of Shenzhen, China;
Limitless Accessories, Inc., of Tinley Park, IL;
Midwest Goods, Inc., of Bensenville, IL;
Modern Age Tobacco of Gainesville, FL;
Mr. Fog of Bensenville, IL;
Naturally Peaked Health Co. of Brewster, NY;
Nilkant 167 Inc. of Boston, MA;
Perfect Vape LLC of Oklahoma City, OK;
Price Point NY of Farmingdale, NY;
Puff E-Cig of Imlay City, MI;
Shenzhen Apoc Technology Co., Limited, of Shenzhen, China;
Shenzhen Bauway Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Ocity Times Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Yark Technology Co., Ltd., of Shenzhen, China;
Sky Distribution LLC of Addison, IL;
Smoker’s Express of Auburn Hills, MI;
The Kind Group LLC of Ocean, NJ;
Tobacco Alley of Midland of Midland, TX;
Valgous of Bensenville, IL;
Vape Central Group of Hallandale, FL;
Vape ‘n Glass of Streamwood, IL;
Vaperistas of Wood Dale, IL;
Vapers&Papers, LLC, of Schenectady, NY;
WeVapeUSA of Brooklyn, NY; and
Wireless N Vapor Citi LLC of Lexington, KY.
By instituting this investigation (337-TA-1211), 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 Wrapping Material and Methods for Use in Agricultural Applications
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wrapping material and methods for use in agricultural applications. 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 Tama Group of Israel and Tama USA Inc. of Dubuque, IA, on July 7, 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 wrapping materials and methods for use in agricultural applications 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:
Zhejiang Yajia Cotton Picker Parts Co., Ltd., of Zhejiang, China;
Southern Marketing Affiliates, Inc., of Jonesboro, AR;
Hai’an Xin Fu Yuan of Agricultural Science and Technology Co., Ltd., of Jiangsu, China; and
Gosun Business Development Co. Ltd. of Grande Prairie, Canada.
By instituting this investigation (337-TA-1210), 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 Movable Barrier Operator Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain movable barrier operator systems 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 Overhead Door Corporation of Lewisville, TX, and GMI Holdings Inc. of Mount Hope, OH, on July 6, 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 movable barrier operator systems 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 order.
The USITC has identified The Chamberlain Group, Inc., of Oak Brook, IL, as the respondent in this investigation.
By instituting this investigation (337-TA-1209), 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 Electronic Devices, Including Computers, Tablet Computers, and Components and Modules Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including computers, tablet computers, and components and modules 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 Nokia Technologies Oy and Nokia Corporation, both of Espoo, Finland, on July 2, 2020. The complaint was supplemented on July 17, 20, and 22, 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 electronic devices, including computers, tablet computers, and components and modules 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:
Lenovo (United States), Inc., of Morrisville, NC;
Lenovo Group Limited of Quarry Bay, Hong Kong;
Lenovo (Beijing) Limited of Beijing, China;
Lenovo (Shanghai) Electronics Technology Co. Ltd. of Shanghai, China;
Lenovo PC HK Limited of Quarry Bay, Hong Kong;
Lenovo Information Products Shenzhen Co. Ltd. of Shenzhen, China;
Lenovo Mobile Communication of Wuhan, China;
Lenovo Corporation of Wujiang, China; and
Lenovo Centro Tecnologico S. de RL CV of Nuevo Leon, Mexico.
By instituting this investigation (337-TA-1208), 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 Pre-Filled Syringes for Intravitreal Injection and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pre-filled syringes for intravitreal injection 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 Novartis Pharma AG of Basel, Switzerland, and Novartis Pharmaceuticals Corporation and Novartis Technology LLC, both of East Hanover, NJ, on June 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 pre-filled syringes for intravitreal injection 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 a desist order.
The USITC has identified Regeneron Pharmaceuticals, Inc., as the respondent in this investigation.
By instituting this investigation (337-TA-1207), 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.