Section 337
USITC Institutes Section 337 Investigation of Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof II
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof II. 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 Gamevice, Inc., of Simi Valley, CA, on March 27, 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 portable gaming console systems with attachable handheld controllers and components thereof II 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:
Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.
By instituting this investigation (337-TA-1197), 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 In Vitro Fertilization Products, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain in vitro fertilization 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 EMD Serono, Inc., of Rockland, MA, on March 11, 2020, that was amended and supplemented on March 27, 2020. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain in vitro fertilization products, components thereof, and products containing the same that (i) infringe one or more trademarks asserted by the complainant, (ii) are falsely designated as to source, and (iii) are falsely advertised. 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:
FastIVF c/o Domains by Proxy LLC of Scottsdale, AZ;
Hermes Eczanesi of Istanbul, Turkey; and
General Plastik Drug Stores of Istanbul, Turkey.
By instituting this investigation (337-TA-1196), 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 L&L Candle Company LLC of Brea, CA, and Sotera Tschetter, Inc., of St. Paul, MN, on March 2, 2020. Supplements to the complaint were filed on March 18 and 20, 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 electronic candle products and components thereof that infringe patents 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:
The Gerson Company of Olathe, KS;
Gerson International (H.K.) Ltd. of Kowloon, Hong Kong;
Sterno Home Inc. of Coquitlam, British Columbia, Canada;
Ningbo Huamao International Trading Co., Ltd., of Ningbo City, Zhejiang Province, China;
Ningbo Yinzhou Langsheng Artware Co., Ltd., of Ningbo City, Zhejiang Province, China;
Lifetime Brands, Inc., Garden City, NY;
Scott Brothers Entertainment, Inc., of Las Vegas, NV;
Nantong Ya Tai Candle Arts & Crafts Co., Ltd., of San Gabriel, CA;
NapaStyle, Inc., of Napa, CA;
Veraflame International, Inc., of Vancouver, British Columbia, Canada;
MerchSource, LLC, of Irvine, CA;
Ningbo Mascube Import Export Company of Ningbo City, Zhejiang Province, China;
Decorware International Inc. dba Decorware Inc. of Rancho Cucamonga, CA;
Shenzhen Goldenwell Smart Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Shenzhen Ksperway Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
Ningbo Shanhuang Electric Appliance Co. of Ningbo City, Zhejiang Province, China;
Yiwu Shengda Art Co., Ltd., of Yiwu City, Zhejiang Province, China;
Shenzhen Tongfang Optoelectronic Technology Co., Ltd., of Shenzhen City, Guangdong Province, China;
TFL Candles of Shenzhen City, Guangdong Province, China;
Guangdong Tongfang Lighting Co., Ltd., of Wan Chai, Hong Kong;
Tongfang Optoelectric Company of Kwun Tong, Hong Kong; and
Virtual Candles Limited of Maidstone, Kent, United Kingdom.
By instituting this investigation (337-TA-1195), 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-DensityFiber Optic Equipment and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain high-density fiber optic equipment 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 Corning Optical Communications LLC of Charlotte, NC, on February 21, 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 high-density fiber optic equipment 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:
AFL Telecommunications Holdings LLC d/b/a AFL of Duncan, SC;
FS.com Inc. of New Castle, DE;
Huber+Suhner AG of Herisau, Switzerland;
Huber + Suhner, Inc., of Charlotte, NC;
Legrand North America, LLC, of West Hartford, CT;
Leviton Manufacturing Co., Inc., of Melville, NY;
Panduit Corporation of Tinley, IL;
Shanghai TARLUZ Telecom Tech. Co., Ltd., d/b/a TARLUZ, of Shanghai, China;
Shenzhen Anfkom Telecom Co., Ltd., d/b/a Anfkom Telecom of Shenzhen, China;
The LAN Wirewerks Research Laboratories Inc. d/b/a Wirewerks of Quebec, Canada;
The Siemon Company of Watertown, CT;
Total Cable Solutions, Inc., of Springboro, OH; and
Wulei Technology Co., Ltd., d/b/a Bonelinks, of Shenzhen, China.
By instituting this investigation (337-TA-1194), 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 Nicotine Pouches and Components Thereof and Methods of Making the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nicotine pouches and components thereof and methods of making 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 NYZ AB of Stockholm, Sweden; Swedish Match North America, LLC, of Richmond, VA; Pinkerton Tobacco Co., LP, of Owensboro, KY; and wm17 holding GmbH of Baar, Switzerland, on February 10, 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 nicotine pouches and components thereof and methods of making the same 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:
The Art Factory AB of Helsingborg, Sweden;
Kretek International, Inc., of Moorpark, CA; and
DRYFT Sciences, LLC, of Moorpark, CA.
By instituting this investigation (337-TA-1192), 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 Audio Players and Controllers, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio players and controllers, 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 Sonos, Inc., of Santa Barbara, CA, on January 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 audio players and controllers, 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:
Google LLC of Mountain View, CA; and
Alphabet Inc. of Mountain View, CA.
By instituting this investigation (337-TA-1191), 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 Monitoring Devices, Systems, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wearable monitoring devices, 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 Philips North America, LLC, of Andover, MA, and Koninklijke Philips N.V. of Eindhoven, Netherlands, on December 10, 2019. 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 monitoring devices, systems, 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:
Fitbit, Inc., of San Francisco, CA;
Garmin International, Inc., of Olathe, KS;
Garmin USA, Inc., of Olathe, KS;
Garmin Ltd. d/b/a Garmin Switzerland of Schaffhausen, Switzerland;
Ingram Micro Inc. of Irvine, CA;
Maintek Computer (Suzhou) Co., Ltd. of Suzhou New District, Jiangsu Province, China; and
Inventec Appliances (Pudong) of Shanghai, China.
By instituting this investigation (337-TA-1190), 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.
Certain Electronic Devices with Optical Filters and Optical Sensor Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices with optical filters and optical sensor 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 Viavi Solutions Inc. of San Jose, CA, on November 18, 2019. 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 with optical filters and optical sensor systems 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:
Optrontec Inc. of Gyeongnam, Republic of Korea;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Innotek Co., Ltd., of Seoul, Republic of Korea; and
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ.
By instituting this investigation (337-TA-1187), 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 Smart Thermostats, Smart HVAC Systems, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain smart thermostats, smart HVAC 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 EcoFactor, Inc., of Palo Alto, CA, on October 23, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostats, smart HVAC systems, 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:
Ecobee Ltd. of Toronto, ON, Canada;
Ecobee, Inc., of Toronto, ON, Canada;
Google LLC of Mountain View, CA;
Alarm.com Incorporated of Tysons, VA;
Alarm.com Holdings, Inc., of Tysons, VA;
Daikin Industries, Ltd., of Osaka, Japan;
Daikin America, Inc., of Orangeburg, NY;
Daikin North America LLC of Houston, TX;
Schneider Electric USA, Inc., of Andover, MA;
Schneider Electric SE of Rueil-Malmaison Cedex France; and
Vivint, Inc., of Provo, UT.
By instituting this investigation (337-TA-1185), 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 Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shaker screens for drilling fluids, components thereof, and related marketing materials. 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 M-I L.L.C. of Houston, TX, on November 7, 2019. 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 shaker screens for drilling fluids, components thereof, and related marketing materials that infringe patents and registered trademarks 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:
Hebei GN Solids Control Co., Ltd., of Langfang, China;
GN Solids America LLC of Houston, TX;
Anping Shengjia Hardware Mesh Co., Ltd., of Hengshui City, China;
Hebei Hengying Wire Cloth Co., Ltd., of Hebei Province, China;
Xi’an Brightway Energy Equipment Co., Ltd., of Xi’an City, High Tech Development Zone, China; and
Brightway Solids Control Co., Ltd., of Houston, TX.
By instituting this investigation (337-TA-1184), 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.