The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain clidinium bromide and products containing same.  The products at issue in the investigation are capsules containing 2.5 mg of clidinium bromide and 5 mg of chlordiazepoxide hydrochloride as active ingredients.

The investigation is based on a complaint filed by Valeant Pharmaceuticals North America LLC of Bridgewater, NJ, and Valeant Pharmaceuticals International, Inc., of Quebec, Canada, on February 20, 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 clidinium bromide and products containing same that the complainants allege are marketed using false or misleading advertising concerning the FDA approval status of the imported products, thus constituting unfair methods of competition under the Lanham Act, 15 U.S.C. § 1125(a).  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:

Bi-Coastal Pharma International LLC of Shrewsbury, NJ;
Bi-Coastal Pharmaceutical Corporation of Shrewsbury, NJ;
ECI Pharmaceuticals LLC of Fort Lauderdale, FL;
Virtus Pharmaceuticals LLC of Tampa, FL; and
Virtus Pharmaceuticals OPCO II LLC of Nashville, TN.

By instituting this investigation (337-TA-1109), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain jump rope systems.  The products at issue in the investigation are jump ropes with handles that contain a bearing element that permits a shaft to more easily rotate.

The investigation is based on a complaint filed by Jump Rope Systems, LLC, of Louisville, CO, on February 13, 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 jump rope systems that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist order.

The USITC has identified Suzhou Everise Fitness Co., Ltd., of Suzhou, Jiangsu, China as the respondent in this investigation.

By instituting this investigation (337-TA-1108), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain LED lighting devices and components thereof.  The products at issue in the investigation are commercial LED lighting fixtures containing color-mixing zoom optics.

The investigation is based on a complaint filed by Fraen Corporation of Reading, MA, on March 6, 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 LED lighting 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:

Chauvet & Sons, Inc., of Sunrise, FL;
ADJ Products, LLC, of Los Angeles, CA;
Elation Lighting, Inc., of Los Angeles, CA;
Golden Sea Professional Equipment Co., Ltd., of Guangzhou, Guangdong, China;
Artfox USA, Inc., of City of Industry, CA;
Artfox Electronics Co., Ltd., of Guangzhou, Guangdong, China;
Guangzhou Chaiyi Light Co., Ltd. d/b/a Fine Art Lighting Co., Ltd., of Guangzhou, Guangdong, China;
Guangzhou Xuanyi Lighting Co., Ltd. d/b/a XY E-Shine of Guangzhou, Guangdong, China;
Guangzhou Flystar Lighting Technology Co., Ltd., of Guangzhou, Guangdong, China; and
Wuxi Changsheng Special Lighting Apparatus Factory d/b/a Roccer of Wuxi, Jiangsu, China.

By instituting this investigation (337-TA-1107), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges and components thereof.  The products at issue in the investigation are replaceable toner cartridges and photosensitive drum units contained in or sold for use in such cartridges.

The investigation is based on a complaint filed by Canon Inc. of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on February 28, 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 toner cartridges 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:

Ninestar Corporation of Guangdong, China;
Ninestar Image Tech Limited of Guangdong, China;
Ninestar Technology Company, Ltd., of City of Industry, CA;
Apex Microtech Ltd. of Hong Kong;
Static Control Components, Inc., of Sanford, NC;
Aster Graphics, Inc., of Placentia, CA;
Jiangxi Yibo E-tech Co., Ltd., of Xinyu City, Jiangxi, China;
Aster Graphics Co., Ltd., of Guangdong, China;
Print-Rite Holdings Ltd. of Hong Kong;
Print-Rite N.A., Inc., of La Vergne, TN;
Union Technology Int’l (M.C.O.) Co. Ltd. of Rodrigues, Macau;
Print-Rite Unicorn Image Products Co. Ltd. of Zhuhai, China;
Kingway Image Co., Ltd. d/b/a Zhu Hai Kingway Image Co., Ltd., of Zhuhai, China;
Ourway Image Tech. Co., Ltd., of Zhuhai, China;
Ourway Image Co., Ltd., of Zhuhai, China;
Zhuhai Aowei Electronics Co., Ltd., of Zhuhai, China;
Ourway US Inc. of City of Industry, CA;
Acecom, Inc. - San Antonio d/b/a InkSell.com of San Antonio, TX;
ACM Technologies, Inc., of Corona, CA;
Arlington Industries, Inc., of Waukegan, IL;
Bluedog Distribution Inc. of Hollywood, FL;|
Do It Wiser LLC d/b/a Image Toner of Alpharetta, GA;
EIS Office Solutions, Inc., of Houston, TX;
eReplacements, LLC, of Grapevine, TX;
Frontier Imaging Inc. of Compton, CA;
Garvey’s Office Products, Inc., of Niles, IL;
Global Cartridges of Burlingame, CA;
GPC Trading Co., Limited d/b/a GPC Image of Hong Kong;
Hong Kong BoZe Co., Limited d/b/a Greensky of Hong Kong;
Master Print Supplies, Inc. d/b/a HQ Products of Burlingame, CA;
i8 International, Inc. d/b/a Ink4Work.com of City of Industry, CA;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
LD Products, Inc., of Long Beach, CA;
Linkyo Corp. d/b/a SuperMediaStore.com of La Puente, CA;
CLT Computers, Inc. d/b/a Multiwave and MWave of Walnut, CA;
Imaging Supplies Investors, LLC d/b/a SuppliesOutlet.com, SuppliesWholesalers.com, and        OnlineTechStores.com of Reno, NV;
Online Tech Stores, LLC d/b/a SuppliesOutlet.com, SuppliesWholesalers.com, and OnlineTechStores.com of Grand Rapids, MI;
Kuhlmann Enterprises, Inc. d/b/a Precision Roller of Phoenix, AZ;
Print After Print, Inc. d/b/a OutOfToner.com of Phoenix, AZ;
Fairland, LLC d/b/a ProPrint of Anaheim Hills, CA;
Reliable Imaging Computer Products, Inc., of Northridge, CA;
Apex Excel Limited d/b/a ShopAt247 of Rowland Heights, CA;
The Supplies Guys, LLC, of Lancaster, PA;
Billiontree Technology USA Inc. d/b/a Toner Kingdom of City of Industry, CA;
FTrade Inc. d/b/a ValueToner of Staten Island, NY;
V4INK, Inc., of Ontario, CA;
World Class Ink Supply, Inc., of Woodbury, NJ;
9010-8077 Quebec Inc. d/b/a Zeetoner of Quebec, Canada; and
Zinyaw LLC d/b/a TonerPirate.com and Supply District of Houston, TX.

By instituting this investigation (337-TA-1106), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain programmable logic controllers (PLCs), components thereof, and products containing same.  The products at issue in the investigation include PLCs used to control the operation of machines that are typically part of factory assembly lines or other industrial applications. 

The investigation is based on a complaint filed by Radwell International, Inc., of Willingboro, NJ, on January 19, 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 programmable logic controllers (PLCs), components thereof, and products containing same by reason of: (1) a conspiracy to fix resale prices in violation of Section 1 of the Sherman Act; (2) a conspiracy to boycott resellers in violation of Section 1 of the Sherman Act; and (3) monopolization in violation of Section 2 of the Sherman Act.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Rockwell Automation, Inc., of Milwaukee, WI, as the respondent in this investigation.

By instituting this investigation (337-TA-1105), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain multi-domain test and measurement instruments.  The products at issue in the investigation are oscilloscopes for performing both time domain and frequency domain analysis.

The investigation is based on a complaint filed by Tektronix, Inc., of Beaverton, OR, on February 9, 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 multi-domain test and measurement instruments 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:

Rohde & Schwarz USA, Inc., of Columbia, MD;
Rohde & Schwarz GmbH and Co. KG of Munchen, Germany; and
Rohde & Schwarz Vertriebs GmbH of Munchen, Germany.

By instituting this investigation (337-TA-1104), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers and related hardware and software components.  The products at issue in the investigation are digital video receivers (also known as digital set-top boxes) and their associated hardware and software components, including, for example, interactive program guide software and remote control units.

The investigation is based on a complaint filed by Rovi Corporation, Rovi Guides, Inc., and Rovi Technologies Corporation, all of San Jose, CA, and Veveo, Inc., of Andover, MA, on February 8, 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 digital video receivers and related hardware and software components 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:

Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC of Philadelphia, PA;
Comcast Cable Communications Management, LLC of Philadelphia, PA;
Comcast Business Communications, LLC of Philadelphia, PA;
Comcast Holdings Corporation of Philadelphia, PA; and
Comcast Shared Services, LLC of Chicago, IL.

By instituting this investigation (337-TA-1103), 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.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light engines and components thereof.  The products at issue in the investigation are illumination systems used in the life sciences in optical instruments such as microscopes, analytical instruments, or medical instruments. 

The investigation is based on a complaint filed by Lumencor, Inc., of Beaverton, OR, on February 2, 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 light engines 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 the following as respondents in this investigation:

Excelitas Technologies Corp. of Waltham, MA; and
Lumen Dynamics Group, Inc. of Mississauga, Ontario, Canada.

By instituting this investigation (337-TA-1102), 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.

Rhonda K. Schmidtlein, Chairman of the United States International Trade Commission (USITC), announced today that Judge Clark S. Cheney has joined the USITC as an Administrative Law Judge (ALJ).  Cheney will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency’s investigations involving unfair practices in import trade. These investigations most often involve allegations of patent and trademark infringement.

Prior to joining the USITC, Cheney served as an ALJ with the Federal Energy Regulatory Commission and the Social Security Administration.

Cheney worked in the Office of the General Counsel at the U.S. International Trade Commission for several years prior to becoming an Administrative Law Judge.  While at the USITC, he regularly argued appeals to the U.S. Court of Appeals for the Federal Circuit on behalf of the Commission, including the en banc argument of Suprema Inc. v. ITC.  Cheney also served as an attorney advisor in the Commission’s Office of Administrative Law Judges and was detailed to the Office of the U.S. Trade Representative.  He began his career as a patent examiner and served as a law clerk to Judge William Bryson at the Federal Circuit.  During several years of private practice, he represented domestic and international clients in intellectual property litigation.

Cheney holds a juris doctor degree, cum laude¸ from the Georgetown University Law Center and a bachelor of science degree in electrical engineering from the University of Utah.

The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices in import trade, such as patent, trademark, and copyright infringement.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain fuel pump assemblies having vapor separators and components thereof.  The products at issue in the investigation are certain fuel pump assemblies for marine engines, and in particular that are sold as equivalents or replacements for certain Volvo Penta fuel pump assemblies.

The investigation is based on a complaint filed by Carter Fuel Systems, LLC, of Logansport, IN, on January 31, 2018.  The complaint was supplemented on February 15, 16, and 22, 2018.  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 fuel pump assemblies having vapor separators and components thereof that infringe a patent 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 Wenzhou Jushang (JS) Performance Parts Co. Ltd. of Wenzhou, Zheijhang, China, as the respondent in this investigation.

By instituting this investigation (337-TA-1101), 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.

Subscribe to Section 337