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Section 337

September 11, 2017

News Release 17-129

Inv. No(s). 337-TA-1071

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

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.

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September 11, 2017

News Release 17-128

Inv. No(s). 337-TA-1070

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

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.

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September 11, 2017

News Release 17-127

Inv. No(s). 337-TA-1069

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

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.

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August 31, 2017

News Release 17-123

Inv. No(s). 337-TA-1068

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

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.

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August 22, 2017

News Release 17-119

Inv. No(s). 337-TA-1167

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

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.

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August 8, 2017

News Release 17-116

Inv. No(s). 337-TA-1066

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

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.

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August 8, 2017

News Release 17-115

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

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.

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August 1, 2017

News Release 17-107

Inv. No(s). 337-TA-1064

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

USITC Institutes Section 337 Investigation of Certain Shielded Electrical Ribbon Cables and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shielded electrical ribbon cables and products containing the same.  The products at issue in the investigation are shielded electrical ribbon cables that can effectively transmit electromagnetic signals at high speeds and products containing those cables, such as data servers.

The investigation is based on a complaint filed by 3M Company and 3M Innovative Properties Company, both of St. Paul, MN, on June 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 shielded electrical ribbon cables and products containing the same 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 a cease and desist order.

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

Amphenol Corporation of Wallingford, CT;Amphenol Interconnect Products Corporation of Endicott, NY;
Amphenol Cables on Demand Corporation of Endicott, NY;
Amphenol Assemble Technology (Xiamen) Co., Ltd., of Xiamen, Fujian, China;
Amphenol (Xiamen) High Speed Cable Co., Ltd., of Xiamen, Fujian, China; and
Amphenol East Asia Limited (Taiwan) of Taoyuan County, Taiwan.

By instituting this investigation (337-TA-1064), 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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July 26, 2017

News Release 17-104

Inv. No(s). 337-TA-1063

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

USITC Institutes Section 337 Investigation of Certain X-Ray Breast Imaging Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain x-ray breast imaging devices and components thereof.  The products at issue in the investigation are x-ray breast imaging devices and components thereof for use in digital mammography.

The investigation is based on a complaint filed by Hologic, Inc., of Marlborough, MA, on June 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 x-ray breast imaging devices 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:

FUJIFILM Corporation of Tokyo, Japan;
FUJIFILM Medical Systems USA, Inc., of Stamford, CT; and
FUJIFILM Techno Products Co., Ltd., of Hanamaki-Shi, Japan.

By instituting this investigation (337-TA-1063), 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 21, 2017

News Release 17-092

Inv. No(s). 337-TA-1061

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

USITC Institutes Section 337 Investigation of Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain bar code readers, scan engines, products containing the same, and components thereof.  The products at issue in the investigation are bar code readers, including 2D bar code readers, that can adjust to various environmental conditions (e.g., changes in lighting, scan angle) to read a bar code.

The investigation is based on a complaint filed by Honeywell International, Inc., of Morris Plains, NJ; Hand Held Products, Inc., d/b/a Honeywell Scanning and Mobility of Fort Mill, SC; and Metrologic Instruments, Inc., d/b/a Honeywell Scanning and Mobility of Fort Mill, SC, on May 23, 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 bar code readers, scan engines, products containing the same, and components thereof that infringe certain claims of the 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:

The Code Corporation of Draper, UT; and
Cortex Ptd. Ltd. of Inno Center, Singapore.

By instituting this investigation (337-TA-1061), 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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