Section 337
USITC Institutes Section 337 Investigation of Certain Electrochemical Glucose Monitoring Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrochemical glucose monitoring systems and components thereof. The products at issue in the investigation are blood glucose monitors and test strips for use with the monitors.
The investigation is based on a complaint filed by Dexcom, Inc., of San Diego, CA, on September 18, 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 electrochemical glucose monitoring systems 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 AgaMatrix, Inc., of Salem, NH, as the respondent in this investigation.
By instituting this investigation (337-TA-1075), 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 Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies. The products at issue in the investigation include components used in the complainant’s industrial automation systems that bear the complainant’s Allen-Bradley® trademarks and that use the complainant’s copyrighted software and firmware.
The investigation is based on a complaint filed by Rockwell Automation, Inc., of Milwaukee, WI, on September 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 industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe trademarks and copyrights asserted by the complainant. Additionally, the complainant alleges that the proposed respondents engage in unfair methods of competition and unfair acts in acquiring and then importing into the United States products unlawfully obtained from the complainant’s authorized distributors. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Can Electric Limited of Guangzhou, Guangdong, China;
Capnil (HK) Company Limited of Hong Kong;
Fractioni (Hongkong) Ltd. of Shanghai, China;
Fujian Dahong Trade Co., Ltd., of Fujian, China;
GreySolution Limited d/b/a Fibica of Hong Kong;
Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China;
KBS Electronics Suzhou Co., Ltd., of Shanghai, China;
PLC-VIP Shop d/b/a VIP Tech Limited of Hong Kong;
Radwell International, Inc., d/b/a PLC Center of Willingboro, NJ;
Shanghai EuoSource Electronic Co., Ltd., of Shanghai, China;
ShenZhen T-Tide Trading Co., Ltd., of Shenzhen, China;
SoBuy Commercial (HK) Co. Limited of Jiangsu, China;
Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi d/b/a Easy Micro-optics Co. LTD. of Suzhou, Jiansu, China;
Wenzhou Sparker Group Co. Ltd., of Wenzhou, China; and
Yaspro Electronics (Shanghai) Co., Ltd., of Shanghai, China.
By instituting this investigation (337-TA-1074), 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 Wi-Fi Enabled Electronic Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain Wi-Fi enabled electronic devices and components thereof. The products at issue in the investigation are Wi-Fi enabled televisions (also known as “smart” televisions).
The investigation is based on a complaint filed by Sharp Corporation of Osaka, Japan, and Sharp Electronics Corporation of Montvale, NJ, on August 29, 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 Wi-Fi enabled electronic devices 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:
Hisense Co., Ltd., of Qingdao, China;
Hisense Electric, Co. Ltd. of QingDao, China;
Hisense International (Hong Kong) Co. Ltd. of Hong Kong;
Hisense USA Corporation of Suwanee, GA;
Hisense Electronics Manufacturing Company of America Corporation of Suwanee, GA;
Hisense USA Multimedia R&D Center, Inc., of Suwanee, GA; and
Hisense Inc. of Huntington Beach, CA.
By instituting this investigation (337-TA-1072), 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 Wireless Audio Systems and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless audio systems and components thereof. The products at issue in the investigation include speakers, soundbars, receivers, amplifiers, adapters, and audio systems that are typically used to wirelessly stream music or other audio from a device such as a smartphone or laptop to one or more speakers, soundbars, receivers, etc.
The investigation is based on a complaint filed by Broadcom Limited of San Jose, CA, and Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore on August 10, 2017. An amended complaint was filed on August 16, 2017, and supplements to the amended complaint were filed on August 30, 2017. 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 wireless audio systems and components thereof that infringe claim 20 of U.S. Patent No. 6,684,060. 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:
DTS, Inc., of Calabasas, CA;
Phorus, Inc., of Calabasas, CA;
MartinLogan, Ltd,. of Lawrence, KS;
Paradigm Electronics Inc. of Ontario, Canada;
Anthem Electronics, Inc., of Ontario Canada;
Wren Sound Systems, LLC, of Phoenixville, PA;
McIntosh Laboratory, Inc., of Binghamton, NY;
Definitive Technology of Owing Mills, MD; and
Polk Audio Inc. of Vista, CA.
By instituting this investigation (337-TA-1071), 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 Periodontal Laser Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain periodontal laser devices and components thereof. The products at issue in the investigation are periodontal lasers used in procedures to promote periodontal tissue regeneration.
The investigation is based on a complaint filed by Millennium Dental Technologies, Inc. of Cerritos, CA, on August 10, 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 periodontal laser devices and components thereof by reason of false advertising. 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:
Fotona d.o.o. of Ljubljana, Slovenia; and
Fotona, LLC of Dallas, TX.
By instituting this investigation (337-TA-1070), 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 Pool and Spa Enclosures
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pool and spa enclosures. The products at issue in the investigation are telescoping enclosures for outdoor pools and spas.
The investigation is based on a complaint filed by Aqua Shield, Inc., of West Babylon, NY, on May 10, 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 pool and spa enclosures 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:
Inter Pool Cover Team of Slatinany, Czech Republic;
Alukov HZ Spol. S.R.O. of Slatinany, Czech Republic;
Alukov, Spol. S.R.O. of Nitra, Slovakia;
Pool & Spa Enclosures, LLC, of Monroe Township, NJ; and
Poolandspa.com of Las Vegas, NV.
By instituting this investigation (337-TA-1069), 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 Microfluidic Devices
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain microfluidic devices. The products at issue in the investigation are certain microfluidic devices, commonly referred to as chips or cartridges, specifically designed to use either alone or in combination with genetic sequencing platforms.
The investigation is based on a complaint filed by Bio-Rad Laboratories, Inc., of Hercules, CA, and Lawrence Livermore National Security LLC of Livermore, CA, on July 31, 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 microfluidic devices that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified 10X Genomics, Inc., of Pleasanton, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1068), 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 Road Milling Machines and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain road milling machines and components thereof. The products at issue in the investigation are used to mill asphalt and concrete pavement to create an even base for the construction of a new surface. The accused products include road milling machines, and components of a road milling machine such as: scrapers, auxiliary drives, height-adjustable lighting columns, milling drum uncoupling functionality and hydraulically stabilized chassis.
The investigation is based on a complaint filed by Wirtgen America, Inc., of Antioch, TN, on July 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 road milling machines 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:
Caterpillar Bitelli SpA of Minerbio BO, Italy;
Caterpillar Prodotti Stradali S.r.L. of Minerbio BO, Italy;
Caterpillar Americas CV of Geneva, Switzerland;
Caterpillar Paving Products, Inc., of Minneapolis, MN; and
Caterpillar Inc. of Peoria, IL.
By instituting this investigation (337-TA-1067), 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 Recombinant Factor IX Products
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain recombinant Factor IX products. The products at issue in the investigation are certain recombinant Factor IX products for treatment of hemophilia B.
The investigation is based on a complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC, all of Waltham, MA, on July 7, 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 recombinant Factor IX products 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:
CSL Behring LLC of King of Prussia, PA;
CSL Behring GmbH of Marburg, Hessen, Germany; and
CSL Behring Recombinant Facility AG of Bern, Switzerland.
By instituting this investigation (337-TA-1066), 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
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 mobile electronic devices, such as the iPhone 7, and specific components for such devices, such as baseband processor modems.
The investigation is based on a complaint filed by Qualcomm Incorporated of San Diego, CA, on July 7, 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-1065), 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.