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Section 337

June 25, 2018

News Release 18-078

Inv. No(s). 337-TA-1121

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Earpiece Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain earpiece devices and components thereof.  The products at issue in the investigation are in-ear headphones and accessories using a retaining structure to secure the device in a user’s ear.

The investigation is based on a complaint filed by Bose Corporation of Framingham, MA, on May 24, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain earpiece devices 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:

IMORE USA, Inc., of San Diego, CA;
APSkins of Seattle, WA;
Beeebo Online Limited of North Las Vegas, NV;
iHip of Edison, NJ;
LMZT LLC of Brooklyn, NY;
Misodiko of ShenZhen, GuangDong, China;
Phaiser LLC of Houston, TX;
Phonete of Shenzhen, China;
REVJAMS of New York, NY;
SMARTOMI Products, Inc., of Ontario, CA;
Spigen, Inc., of Irvine, CA;
Sudio AB of Stockholm, Sweden;
Sunvalley Tek International, Inc., of Fremont, CA; and
TomRich of PingHu Town, LongGang District, Shenzhen, China.

By instituting this investigation (337-TA-1121), 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.

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June 15, 2018

News Release 18-073

Inv. No(s). 337-TA-1120

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Human Milk Oligosaccharides and Methods of Producing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain human milk oligosaccharides and methods of producing the same.  The products at issue in the investigation are 2’-fucosyllactose oligosaccharides.

The investigation is based on a complaint filed by Glycosyn LLC of Waltham, MA, on April 2, 2018.  An amended complaint was filed on May 16, 2018.  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 human milk oligosaccharides and methods of producing the same 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 Jennewein Biotechnologie GmbH of Rheinbreitbach, Germany, as the respondent in this investigation.

By instituting this investigation (337-TA-1120), 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.

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June 7, 2018

News Release 18-070

Inv. No(s). 337-TA-1119

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Infotainment Systems, Components Thereof, and Automobiles Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain infotainment systems, components thereof, and automobiles containing the same.  The products at issue in the investigation are head units, rear seat entertainment units, units for displaying information or entertainment, and cameras, controllers, processing components, modules, chips, GNSS processing devices, and circuits used therein or therewith, along with the automobiles that contain such infotainment systems and components.

The investigation is based on a complaint filed by Broadcom Corporation of San Jose, CA, on May 7, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain infotainment systems, components thereof, and automobiles 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:

Toyota Motor Corporation of Toyota City, Aichi Prefecture, Japan;
Toyota Motor North America, Inc., of Plano, TX;
Toyota Motor Sales, U.S.A., Inc., of Plano, TX;
Toyota Motor Engineering & Manufacturing North America, Inc., of Plano, TX;
Toyota Motor Manufacturing, Indiana, Inc., of Princeton, IN;
Toyota Motor Manufacturing, Kentucky, Inc., of Erlanger, KY;
Toyota Motor Manufacturing, Mississippi, Inc., of Tupelo, MS;
Toyota Motor Manufacturing, Texas, Inc., of San Antonio, TX;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Newark, NJ;
Denso Ten Limited of Kobe City, Japan;
Denso Ten America Limited of Torrance, CA;
Renesas Electronics Corporation of Tokyo, Japan;
Renesas Electronics America, Inc., of Milpitas, CA; and
Japan Radio Co., Ltd., of Tokyo, Japan.

By instituting this investigation (337-TA-1119), 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.

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June 6, 2018

News Release 18-069

Inv. No(s). 337-TA-1118

Contact: Peg O'Laughlin , 202-205-1819

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 garage door operators and gate operators.

The investigation is based on a complaint filed by The Chamberlain Group, Inc., of Oak Brook, IL, on May 4, 2018.  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 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:

Nortek Security & Control, LLC f/k/a Linear, LLC, of Carlsbad, CA;
Nortek Inc. of Providence, RI; and
GTO Access Systems, LLC f/k/a Gates That Open, LLC, of Tallahassee, FL.

By instituting this investigation (337-TA-1118), 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.

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June 6, 2018

News Release 18-068

Inv. No(s). 337-TA-1117

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Full-Capture Arrow Rests and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain full-capture arrow rests and components thereof.  The products at issue in the investigation are arrow rests having a slotted circular shaped ring with bristles pointed inwardly to provide radial support for an arrow.

The investigation is based on a complaint filed by Bear Archery, Inc., of Evansville, IN, on May 4, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain full-capture arrow rests 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.

The USITC has identified the following as respondents in this investigation:

2BULBS Technology Co. Ltd. of Nanjing, Jiangsu, China;
Ningbo Linkboy Outdoor Sports Co., Ltd., of Ningbo, Zhejiang, China;
Shenzhen Keepmyway Tech. Co., Ltd., of Shenzhen, Guangdong, China;
Zhengzhou IRQ Outdoor Sports Co., Ltd., of Zhengzhou, Henan, China;
Wenqing Zhang of Shenzhen, Guangdong, China;
Tingting Ye of Shenzhen, Guangdong, China;
Tao Li of Shenzhen, Guangdong, China; and
Sean Yuan of Qingdao, Shandong, China.

By instituting this investigation (337-TA-1117), 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.

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May 31, 2018

News Release 18-064

Inv. No(s). 337-TA-1116

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Blood Cholesterol Testing Strips and Associated Systems Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood cholesterol testing strips and associated systems containing the same.  The products at issue in the investigation are blood cholesterol testing products, which include meters, test strips, and associated systems.

The investigation is based on a complaint filed by Polymer Technology System, Inc., of Indianapolis, IN, on April 30, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain blood cholesterol testing strips and associated systems containing the same 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 the following as respondents in this investigation:

ACON Laboratories, Inc., of San Diego, CA; and
ACON Biotech (Hangzhou) Co., Ltd., of Hangzhou Zhejiang, China.

By instituting this investigation (337-TA-1116), 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.

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May 31, 2018

News Release 18-063

Inv. No(s). 337-TA-1115

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Blow-Molded Bag-in-Container Devices, Associated Components, and End Products Containing or Using Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blow-molded bag-in-container devices, associated components, and end products containing or using same.  The products at issue in the investigation are bag-in-container systems, associated components, and end products that allow for pressurized gas to be introduced into the system while preventing contact between the gas and beverage (usually beer) within the container.

The investigation is based on a complaint filed by Anheuser-Busch InBev S.A. of Leuven, Belgium, and Anheuser-Busch, LLC, of St. Louis, MO, on April 30, 2018.  Supplements to the complaint were filed on May 4, 2018, and May 15, 2018.  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 blow-molded bag-in-container devices, associated components, and end products containing or using 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:

Heineken International B.V. of Amsterdam, Netherlands;
Heineken N.V. of Amsterdam, Netherlands;
Heineken USA Inc. of White Plains, NY;
Heineken Holding N.V. of Amsterdam, Netherlands;
Heineken Beer Systems B.V. of Amsterdam, Netherlands;
Heineken Brouwerijen B.V. of Amsterdam, Netherlands;
Heineken Export Americas B.V. of Amsterdam, Netherlands; and
Heineken Global Procurement B.V. of Amsterdam, Netherlands.

By instituting this investigation (337-TA-1115), 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.

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May 24, 2018

News Release 18-061

Inv. No(s). 337-TA-1114

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Modular LED Display Panels and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain modular LED display panels and components thereof.  The products at issue in the investigation include modular LED display panels that are cabinet-free, waterproof, and designed to be easily and quickly integrated into a larger LED display.

The investigation is based on a complaint filed by Ultravision Technologies, LLC, of Dallas, TX, on March 27, 2018.  An amended complaint was filed on April 16, 2018.  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 modular LED display panels 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:

Shenzhen Absen Optoelectronic Co., Ltd., of Shenzhen, China;
Absen, Inc., of Orlando, FL;
Shenzhen AOTO Electronic Co., Ltd., of Shenzhen, China;
AOTO Electronics (US) LLC of Irvine, CA;
Barco NV of Kortrijk, Belgium;
Barco Inc. of Duluth, GA;
Cirrus Systems, Inc., of Saco, ME;
CreateLED Electronics Co. Ltd. of Guangdong Province, Shenzhen, China;
CreateLED USA LLC of Las Vegas, NV;
digiLED (UK) Limited, formerly displayLED (HK) Limited of Surrey, United Kingdom;
Elation Lighting, Inc., d/b/a Elation Professional, of Los Angeles, CA;
General Link International Corporation Inc. of Industry, CA;
GLIC LED Displays Inc. of Industry, CA;
Glux Visual Effects Tech (Shenzhen) Co. of Shenzhen, Guangdong, China;
LEDman Optoelectronics Co., Ltd., of Shenzhen, China;
Shenzhen Liantronics Co. Ltd. of Shenzhen, China;
Liantronics, LLC, of Fremont, CA;
Lighthouse Technologies (Hong Kong) Limited of Hong Kong;
Shenzhen Mary Photoelectricity Co., Ltd., of Shenzhen City, Guangdong Province, China;
MRLED Inc. of Walnut, CA;
Prismaflex International France S.A. of Haute-Rivoire, France;
Prismaflex USA, Inc., of Elizabethtown, NC;
Rocketsign Hong Kong Ltd. of Hong Kong;
Shanghai Sansi Electronic Engineering Co., Ltd., of Shanghai, China;
Sansi North America, LLC, of New York, NY;
Shenzhen Spectrum Technology Co., Ltd., of Shenzhen, China;
Unilumin Group Co., Ltd., of Shenzhen, China;
Unilumin LED Technology FL LLC of Orlando, FL;
Yaham Optoelectronics Co., Ltd., of Shenzhen, China;
Yaham LED USA, Inc., of Las Vegas, NV;
Formetco Inc. of Duluth, GA;
Leyard Optoelectronic Co. of Beijing, China;
Leyard American Corporation of Buffalo Grove, IL;
NanoLumens Inc. of Peachtree Corners, GA;
NEC Display Solutions, Ltd., of Tokyo, Japan;
NEC Display Solutions of America, Inc., of Itasca, IL;
Panasonic Corporation of Osaka, Japan;
Panasonic Corporation of North America of Newark, NJ;
Vanguard LED Displays, Inc., formerly Aeson LED Display Technologies, Inc., of Lakeland, FL; and
GoVision, LLC, of Argyle, TX.

By instituting this investigation (337-TA-1114), 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.

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May 1, 2018

News Release 18-049

Inv. No(s). 337-TA-1111

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof

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.  The products at issue in the investigation are controller systems with parts that attach to two sides of an electronic device, such as a smartphone or tablet, and the parts fit into a user’s hands and have gaming controls.

The investigation is based on a complaint filed by Gamevice, Inc., of Simi Valley, CA, on March 30, 2018.  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 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:

Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-1111), 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.

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April 25, 2018

News Release 18-048

Inv. No(s). 337-TA-1110

Contact: Peg O'Laughlin , 202-205-1819

USITC Institutes Section 337 Investigation of Certain Strontium-Rubidium Radioisotope Infusion Systems and Components Thereof Including Generators

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain strontium-rubidium radioisotope infusion systems and components thereof including generators.  The products at issue in the investigation are systems used to generate and infuse radiopharmaceuticals, such as rubidium-82, for intravenous administration in applications such as diagnostic medical imaging. 

The investigation is based on a complaint filed by Bracco Diagnostics Inc. of Monroe Township, NJ, on March 27, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain strontium-rubidium radioisotope infusion systems and components thereof including generators 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:

Jubilant DraxImage Inc. of Kirkland, Quebec, Canada;
Jubilant Pharma Limited of Singapore; and
Jubilant Life Sciences of Noida, Uttar Pradesh, India.

By instituting this investigation (337-TA-1110), 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.

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