Section 337
USITC Institutes Section 337 Investigation of Certain Integrated Circuits and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, CA, on June 21, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits and products containing 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:
NXP Semiconductors N.V. of Eindhoven, Netherlands;
NXP USA, Inc., of Austin, TX;
Avnet, Inc., of Phoenix, AZ;
Arrow Electronics, Inc., of Centennial, CO;
Mouser Electronics, Inc., of Mansfield, TX;
Continental AG of Hanover, Germany;
Continental Automotive GmbH of Hanover, Germany;
Continental Automotive Systems, Inc., of Auburn Hills, MI;
Robert Bosch GmbH of Gerlingen-Schillerhöhe, Germany; and
Robert Bosch LLC of Farmington Hills, MI.
By instituting this investigation (337-TA-1272), 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 Crystalline Silicon Photovoltaic Cells and Modules with Nanostructures, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon photovoltaic cells and modules with nanostructures, 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 Advanced Silicon Group Technologies, LLC, of Lowell, MA, on June 11, 2021. 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 photovoltaic cells and modules with nanostructures, 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:
Canadian Solar, Inc., of Guelph, Ontario, Canada;
Canadian Solar International Limited of Kowloon, Hong Kong, China;
Canadian Solar Manufacturing (Changshu) Co. Inc., of Changshu, Jiangsu, China;
Canadian Solar Manufacturing (Luoyang) Inc. of Luoyang, Henan Province, China;
Canadian Solar Manufacturing (Thailand) Co. Ltd. of Chon Buri, Thailand;
Canadian Solar Manufacturing Vietnam Co. Ltd. of Hai Phong City, Vietnam;
Canadian Solar Solutions, Inc., of Guelph, Ontario, Canada;
Canadian Solar Construction (USA) LLC of Walnut Creek, CA;
Canadian Solar (USA) Inc. of Walnut Creek, CA;
Recurrent Energy Group, Inc., of San Francisco, CA;
Recurrent Energy LLC of Walnut Creek, CA;
Recurrent Energy SH Proco LLC of Walnut Creek, CA;
Hanwha Q CELLS & Advanced Materials Corp. of Seoul, Republic of Korea;
Hanwha Q Cells GmbH of Bitterfeld-Wolfen, Germany;
Hanwha Q Cells Malaysia Sdn. Bhd. of Cyberjaya, Selangor, Malaysia;
Hanwha Q Cells (Qidong) Co., Ltd., of Qidong Jiangsu, China;
Hanwha Solutions Corporation of Seoul, Republic of Korea;
Hanwha Energy USA Holdings Corp. (dba 174 Power Global Corporation) of Irvine, CA;
Hanwha Q Cell EPC USA LLC of Irvine, CA;
Hanwha Q Cells America Inc. of Irvine, CA;
Hanwha Q Cells USA Corp. of Irvine, CA;
Hanwha Q Cells USA Inc. of Dalton, GA;
HQC Rock River Solar Holdings LLC of Irvine, CA;
HQC Rock River Solar Power Generation Station, LLC, of Beloit, WI;
Boviet Solar Technology Co., Ltd., of Noi Hoang District, Bac Giang Province, Vietnam;
Ningbo Boway Alloy Material Co., Ltd., of Ningbo City, Zhejiang Province, China;
Boviet Renewable Power LLC of San Jose, CA; and
Boviet Solar USA Ltd. of San Jose, CA.
By instituting this investigation (337-TA-1271), 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 Casual Footwear and Packaging Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain casual footwear and packaging 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 Crocs, Inc., of Broomfield, CO, on June 8, 2021, which complaint was supplemented on June 10, June 17, June 23, and June 28, 2021. The complaint, as corrected and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain casual footwear and packaging thereof that (i) infringe one or more registered trademarks asserted by the complainant, (ii) are falsely designated as to source, or (iii) dilute one or more of the registered trademarks. 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:
Cape Robbin Inc. of Pomona, CA;
Bijora, Inc., d/b/a Akira of Chicago, IL;
Dr. Leonard’s Healthcare Corp., d/b/a Carol Wright of Edison, NJ;
Crocsky of Austin, TX;
Fullbeauty Brands Inc. d/b/a Kingsize of New York, NY;
Hawkins Footwear, Sports, Military & Dixie Store of Brunswick, GA;
Hobibear Shoes and Clothing Ltd. of Brighton, CO;
Hobby Lobby Stores, Inc. of Oklahoma City, OK;
Ink Tee of Los Angeles, CA;
La Modish Boutique of West Covina, CA;
Legend Footwear, Inc., d/b/a Wild Diva of City of Industry, CA;
Loeffler Randall Inc. of New York, NY;
Maxhouse Rise Ltd. of Hong Kong;
PW Shoes, Inc. a/k/a P&W of Maspeth, NY;
SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co. of Hackensack, NJ;
Shoe-Nami, Inc., of Gretna, LA;
Sketchers USA, Inc., of Manhattan Beach, CA;
Star Bay Group Inc. of Hackensack, NJ;
Yoki Fashion International LLC of New York, NY;
Quanzhou ZhengDe Network Corp., d/b/a Amoji of Quanzhou, Fujian Province, China;
718Closeouts of Brooklyn, NY;
Royal Deluxe Accessories, LLC, of New Providence, NJ; and
Fujian Huayuan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China.
By instituting this investigation (337-TA-1270), 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 Electrolyte Containing Beverages and Labeling and Packaging Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrolyte containing beverages and labeling and packaging 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 CAB Enterprises, Inc., of Houston, TX, and Sueros y Bebidas Rehidratantes S.A. de C.V. of Guadalajara, Jalisco, Mexico, on May 6, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electrolyte containing beverages and labeling and packaging thereof that infringe 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:
Flexicompuestos S.A. de C.V. of Juarez, Nuevo Leon, Mexico;
Grupo Comercial Lux del Norte S.A. de C.V. of Miguel Aleman, Tamaulipas, Mexico;
Carbonera Los Asadores S.A. de C.V. of Allende, Nuevo Leon, Mexico;
Caribe Agencia Express, S.A. de C.V. of Benito Juarez, Quintana Roo, Mexico;
Comercializadora Degu S.A. de C.V. of Matamoros, Tamaulipas, Mexico;
Comercial Trevino de Reynosa, S.A. de C.V. of Reynosa, Tamaulipas, Mexico;
H & F Tech International S.A. de C.V. of San Nicolas de los Garza, Nuevo Leon, Mexico;
MPC Foods S.A. de C.V. of Manzanillo, Colima, Mexico;
Myrna Guadalupe Perez Martinez of Reynosa, Tamaulipas, Mexico;
Leticia Angelica Saenz Fernandez of Miguel Aleman, Tamaulipas, Mexico;
Yoselen Susana Martinez Tirado of Reynosa, Tamaulipas, Mexico;
Distribuidora Mercatto S.A. de C.V. of Monterrey, Nuevo Leon, Mexico;
Comercializadora Embers S.A. de C.V. of Allende, Nuevo Leon, Mexico; and
Manuel Bautista Nogales of Santa Catarina, Nuevo Leon, Mexico.
By instituting this investigation (337-TA-12xx), 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 Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers with Capacitive Touch Sensing Functionality, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain capacitive touch sensing systems, capacitive touch sensing controllers, microcontrollers with capacitive touch sensing functionality, 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 Neodron Ltd. of Dublin, Ireland, on May 24, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain capacitive touch sensing systems, capacitive touch sensing controllers, microcontrollers with capacitive touch sensing functionality, and components thereof that infringe certain patent claims 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:
STMicroelectronics N.V., of Geneva, Switzerland;
STMicroelectronics, Inc., of Geneva, Switzerland;
STMicroelectronics (North America) Holding, Inc., of Geneva, Switzerland;
Cypress Semiconductor Corp., of San Jose, CA;
Renesas Electronics Corp., of Koto-ku, Japan;
Renesas Electronics America Inc., of Milpitas, CA; and
Renesas Technology America, Inc., of Milpitas, CA.
By instituting this investigation (337-TA-1268), 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 Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain power inverters and converters, 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 Arigna Technology Limited of Dublin, Ireland, on May 21, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain power inverters and converters, vehicles containing the same, 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:
Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Audi AG of Ingolstadt, Germany;
Audi of America, LLC, of Herndon, VA;
Bentley Motors Limited of Cheshire, United Kingdom;
Bentley Motors, Inc., of Reston, VA;
Automobili Lamborghini America, LLC, of Herndon, VA;
Automobili Lamborghini S.p.A. of Sant’Agata Bolognese, Italy;
Porsche AG of Stuttgart, Germany;
Porsche Cars North America, Inc., of Atlanta, GA;
Daimler AG of Stuttgart, Germany;
Mercedes-Benz USA, LLC, of Sandy Springs, GA;
Bayerische Motoren Werke AG of Munich, Germany;
BMW of North America, LLC, of Woodcliff Lake, NJ;
General Motors Company of Detroit, MI; and
General Motors LLC of Detroit, MI.
By instituting this investigation (337-TA-1267), 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 Wearable Electronic Devices with ECG Functionality and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wearable electronic devices with ECG functionality 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 AliveCor, Inc., of Mountain View, CA, on April 20, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wearable electronic devices with ECG functionality 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 Apple Inc. of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1266), 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 Fitness Devices, Streaming Components Thereof, and Systems Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain fitness devices, streaming components thereof, and systems 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 DISH DBS Corporation, DISH Technologies L.L.C., and Sling TV L.L.C., all of Englewood, CO, on April 13, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain fitness devices, streaming components thereof, and systems containing 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:
ICON Health & Fitness, Inc., of Logan, UT;
FreeMotion Fitness, Inc., of Logan, UT;
NordicTrack, Inc., of Logan, UT;
lululemon athletica inc. of Vancouver, British Columbia, Canada;
Curiouser Products Inc. d/b/a/ MIRROR of New York, NY; and
Peloton Interactive, Inc., of New York, NY.
By instituting this investigation (337-TA-1265), 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 High-Potency Sweeteners, Processes for Making Same, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain high-potency sweeteners, processes for making same, 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 Celanese International Corporation of Irving, TX; Celanese (Malta) Company 2 Limited of Qormi, Malta; and Celanese Sales U.S. Ltd. of Irving, TX, on April 8, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain high-potency sweeteners, processes for making same, and products containing 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:
Anhui Jinhe Industrial Co., Ltd., of Chuzhou City, Anhui, China;
Jinhe USA LLC of Chicago, IL;
Agridient, Inc. of Farmington Hills, MI;
Apura Ingredients Inc. of Chino, CA;
Crossroad Ingredients of Fairfield, NJ;
Hhoya USA Inc. of New York, NY;
Ingredis US LLC of Plainsboro, NJ;
NiuSource Inc. of Chino, CA;
Prinova US LLC of Hanover Park, IL;
Prosweetz Ingredients Incorporated d/b/a Panasource Ingredients Inc. of Edison, NJ;
Suzhou-Chem Inc. of Wellesley, MA; and
UMC Ingredients, LLC fka JRS International LLC of Lyndhurst, NJ.
By instituting this investigation (337-TA-1264), 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 Televisions, Remote Controls, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain televisions, remote controls, 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 Roku, Inc., of San Jose, CA, on April 8, 2021 and amended on April 27, 2021. 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 televisions, remote controls, 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:
Universal Electronics, Inc., of Scottsdale, AZ;
Gemstar Technology (Qinzhou) Co. Ltd. of Qinzhou, China;
Gemstar Technology (Yangzhou) Co. Ltd. of Yanzhou, China;
C.G. Development Ltd. of Kowloon, Hong Kong;
Universal Electronics BV of Enschede, Netherlands;
UEI Brasil Controles Remotos Ltda. of Manaus, Brazil;
CG Mexico Remote Controls, S. de R.L. de C.V. of Nuevo Leon, Mexico;
LG Electronics Inc. of Seoul, Republic of Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ;
Samsung Electronics Co., Ltd., of Suwon-si, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
Charter Communications, Inc., of Stamford, CT;
Charter Communications Operating, LLC, of St. Louis, MO;
Spectrum Management Holding Company, LLC, of Stamford, CT;
Altice USA, Inc., of Long Island City, NY;
Cablevision Systems Corp. of Bethpage, NY;
Cequel Communications, LLC d/b/a Suddenlink Communications of Long Island City, NY; and
Wideopenwest, Inc., of Englewood, CO.
By instituting this investigation (337-TA-1263), 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.