Section 337
USITC Institutes Section 337 Investigation of Certain IOT Devices and Components Thereof (IOT, the Internet of Things) - Web Applications Displayed on a Web Brower
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain IoT devices and components thereof (IOT, the Internet of Things) – web applications displayed on a web browser. The products at issue in the investigation are electronic devices such as smartphones and tablets with certain types of web applications that can be used to perform commercial transactions over the Internet.
The investigation is based on an amended complaint filed by Lakshmi Arunachalam, Ph.D., and WebXchange, Inc., both of Menlo Park, CA, on November 7, 2017. 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 IOT devices and components thereof that infringe a patent asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondent in this investigation:
Apple Inc. of Cupertino, CA;
Facebook, Inc., of Menlo Park, CA;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Electronics Co., Ltd., of Seoul, South Korea.
By instituting this investigation (337-TA-1094), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
USITC Institutes Section 337 Investigation of Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (II)
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile electronic devices and radio frequency and processing components thereof. The products at issue in the investigation are primarily certain smartphone models offered by Apple, Inc. that incorporate technologies to enhance carrier aggregation functionality, power-efficient radio frequency (RF) signal reception, power-efficient processor and memory architectures, and image processing.
The investigation is based on a complaint filed by Qualcomm Incorporated of San Diego, CA, on November 30, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain mobile electronic devices and radio frequency and processing 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-1093), 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 Self-Anchoring Beverage Containers
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain self-anchoring beverage containers. The products at issue in the investigation are beverage containers that attach themselves to surfaces on which they are put (such as desks or tables), making it difficult to knock them over, while still allowing users to pick them up.
The investigation is based on an amended complaint filed by Alfay Designs, Inc., of Rahway, NJ; Mighty Mug, Inc., of Rahway, NJ; and Harry Zimmerman of Los Angeles, CA, on December 1, 2017. 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 self-anchoring beverage containers that infringe patents and a registered trademark asserted by the complainants. The complainants request that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Telebrands, Corp. of Fairfield, NJ;
HIRALIY of Guangdong Province, China;
Chekue (Shenzhen Chekue Trading Co. Ltd.) of Guangdong Province, China;
Tapcet (Guangzhou Tinghui Trade Co., Ltd.) of Guangdong Province, China;
OUOH (Zhejiang OUOH Houseware Co., Ltd.) of Zhejiang Province, China;
DevBattles of Ternopil, Ukraine;
OTELAS, MB of Klaipeda, Lithuania; and
Artiart Limited of Taipei, Taiwan.
By instituting this investigation (337-TA-1092), 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 Color Intraoral Scanners and Related Hardware and Software
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain color intraoral scanners and related hardware and software. The products at issue in the investigation are color optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.
The investigation is based on a complaint filed by Align Technology, Inc. of San Jose, CA, on November 14, 2017 and amended on December 4, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain color intraoral scanners and related hardware and software 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:
3Shape A/S, of Copenhagen, Denmark; and
3Shape, Inc., of Warren, NJ.
By instituting this investigation (337-TA-1091), 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 Intraoral Scanners and Related Hardware and Software
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain intraoral scanners and related hardware and software. The products at issue in the investigation are optical scanners and related hardware and software used to create a digital impression of a patient’s teeth, which can be used for a variety of dental and orthodontic treatments.
The investigation is based on a complaint filed by Align Technology, Inc. of San Jose, CA, on November 14, 2017 and amended on December 4, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain intraoral scanners and related hardware and software 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:
3Shape A/S, of Copenhagen, Denmark; and
3Shape, Inc., of Warren, NJ.
By instituting this investigation (337-TA-1090), 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 Concerning Certain Wafer-Level Packaging Semiconductor Devices and Products Containing Same (Including Cellular Phones, Tablets, Laptops, and Notebooks) And Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wafer-level packaging semiconductor devices and products containing same. The products at issue in the investigation are cellular phones, tablets, laptops, notebook computers, and cameras that include wafer-level packaged semiconductor components.
The investigation is based on a complaint filed by Tessera Advanced Technologies, Inc., of San Jose, CA, on September 28, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wafer-level packaging semiconductor devices and products containing 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:
Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Semiconductor, Inc., of San Jose, CA.
By instituting this investigation (337-TA-1080), 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 Shaving Cartridges, Components Thereof, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shaving cartridges, components thereof, and products containing same. The products at issue in the investigation are shaving cartridges that are used together with a shaving handle, which include the Schick Hydro Connect 5 shaving cartridges.
The investigation is based on a complaint filed by The Gillette Company LLC of Boston, MA, on September 25, 2017. A supplement to the complaint was filed on September 28, 2017. 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 shaving cartridges, components thereof, and products containing same 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:
Edgewell Personal Care Company of Chesterfield, MO;
Edgewell Personal Care Brands, LLC of Shelton, CT;
Edgewell Personal Care, LLC of Shelton, CT;
Schick Manufacturing, Inc. of Shelton, CT; and
Schick (Guangzhou) Co., Limited of Getdd. Guangzhou, China.
By instituting this investigation (337-TA-1079), 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 Concerning Certain Amorphous Metal and Products
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain amorphous metal and products containing same. The products at issue in this investigation include amorphous metal and amorphous metal cores used, for example, in electric transformers.
The investigation is based on a complaint filed by Metglas, Inc., of Conway, SC, and Hitachi Metal, Ltd., of Tokyo, Japan, on September 19, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain amorphous metal and products containing same that are manufactured using stolen trade secrets 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:
Advanced Technology & Materials of Beijing, China;
AT&M International Trading Co., Ltd., of Beijing, China;
CISRI International Trading Co., Ltd., of Beijing, China;
Beijing ZLJG Amorphous Technology Co., Ltd., of Beijing, China; and
Qingdao Yunlu Energy Technology Co., Ltd., of Qingdao, China.
By instituting this investigation (337-TA-1078), 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 Reusable Diapers, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain reusable diapers, components thereof, and products containing same. The products at issue in the investigation are reusable cloth diapers.
The investigation is based on a complaint filed by Cotton Babies, Inc., of Fenton, MO, on September 19, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain reusable diapers, components thereof, and products containing same that infringe a patent and a registered trademark 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:
Alvababy.com of ShenZhen, Guangdong, China;
Shenzhen Adsel Trading Co., Ltd., d/b/a Alva of Shenzhen, Guangdong, China; and
Huizhou Huapin Garment Co., Ltd., of Huizhou, Guangdong, China.
By instituting this investigation (337-TA-1077), 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 Magnetic Data Storage Tapes and Cartridges Containing the Same (II)
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain magnetic data storage tapes and cartridges containing the same (II). The products at issue in the investigation are LTO Ultrium magnetic tape media for data storage and tape cartridges, and include the following products identified in the complaint: LTO Ultrium 4 Data Cartridge (Model No. LTX800G), LTO Ultrium 5 Data Cartridge (Model No. LTX 1500G), LTO Ultrium 6 Data Cartridge (Model No. LTX2500G), LTO-4 Library Pack (Model No. 20LTX800G), LTO-5 Library Pack (Model No. 20LTX1500GL), and LTO-6 Library Pack (Model No. 20LTX2500GL), and any similar LTO 4th generation products, LTO 5th generation products, and LTO 6th generation products.
The investigation is based on a complaint filed by Fujifilm Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc., of Bedford, MA, on September 19, 2017. A supplement to the complaint was filed on October 6, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain magnetic data storage tapes and cartridges containing the 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:
Sony Corporation of Tokyo, Japan;
Sony Storage Media Solutions Corporation of Tokyo, Japan;
Sony Storage Media Manufacturing Corporation of Miyagi, Japan;
Sony DADC US Inc. of Terre Haute, IN; and
Sony Latin America Inc. of Miami, FL.
By instituting this investigation (337-TA-1076), 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.