Section 337
USITC Institutes Section 337 Investigation of Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, semiconductor device packages, and products containing same. The products at issue in the investigation are semiconductor devices, semiconductor device packages, mobile devices, set-top boxes, gateways, modems, routers, Ethernet switches, network routing equipment, and infrastructure equipment for telecommunications, cable, networking, and cloud and enterprise systems.
The investigation is based on a complaint filed by Tessera Technologies, Inc.; Tessera, Inc.; and Invensas Corporation, all of San Jose, CA, on May 23, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, semiconductor device packages, and products 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:
Broadcom Limited of Singapore;
Broadcom Corporation of Irvine, CA;
Avago Technologies Limited of Singapore;
Avago Technologies U.S. Inc. of San Jose, CA;
Arista Networks, Inc. of Santa Clara, CA;
ARRIS International plc of Suwanee, GA;
ARRIS Group, Inc. of Suwanee, GA;
ARRIS Technology, Inc. of Horsham, PA;
ARRIS Enterprises LLC of Suwanee, GA;
ARRIS Solutions, Inc. of Suwanee, GA;
Pace Ltd. of West Yorkshire, England;
Pace Americas, LLC of Boca Raton, FL;
Pace USA, LLC of Boca Raton, FL;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Comcast Cable Communications, LLC of Philadelphia, PA;
Comcast Cable Communications Management, LLC of Philadelphia, PA;
Comcast Business Communications, LLC of Philadelphia, PA;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc. of Bellevue, WA;
NETGEAR, Inc. of San Jose, CA;
Technicolor S.A. of Issy-Les-Moulineaux, France;
Technicolor USA, Inc. of Indianapolis, IN; and
Technicolor Connected Home USA LLC of Indianapolis, IN.
By instituting this investigation (337-TA-1010), 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 Inflatable Products with Tensioning Structures and Processes for Making the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inflatable products and processes for making the same. The products at issue in the investigation are inflatable products, such as air mattresses, with internal tensioning structures that help maintain the intended shape of the product.
The investigation is based on a complaint filed by Intex Recreation Corp. of Long Beach, CA, and Intex Marketing Ltd. of Road Town, Tortola, British Virgin Islands, on May 19, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain inflatable products and processes for making the same 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 the following as respondents in this investigation:
Bestway (USA) Inc. of Phoenix, AZ;
Bestway Global Holdings, Inc., of Shanghai, Peoples Republic of China;
Bestway (Hong Kong) Intemational, Ltd., of Kowloon, Hong Kong;
Bestway Inflatables & Materials Corporation of Shanghai, Peoples Republic of China; and
Bestway (Nantong) Recreation Corp. of Nantong, Jiangsu, Peoples Republic of China.
By instituting this investigation (337-TA-1009), 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 Carbon Spine Board, Surgical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof. The products at issue in the investigation are medical supply, trauma and training products, including spine boards, cervical collars, CPR masks, and training manikins.
The investigation is based on a complaint filed by Laerdal Medical Corp. of Wappingers Falls, NY, and Laerdal Medical AS of Stavanger, Norway, on March 21, 2016. An amended complaint was filed on May 18, 2016. A supplement to the amended complaint was filed on June 7, 2016. The amended 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 carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof that infringe patent, copyright, trademark, and trade dress rights asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Shanghai Evenk International Trading Co., Ltd., of Shanghai, China;
Shanghai Honglian Medical Instrument Development Co., Ltd., of Shanghai, China;
Shanghai Jolly Medical Education Co., Ltd., of Shanghai, China;
Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., of Ziangjiagang City, Jiangsu, China;
Zhangjiagang New Fellow Med Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical Equipment Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangyin Everise Medical Devices Co., Ltd., of Jiangyin City, Jiangsu, China;
Medsource International Co., Ltd. and Medsource Factory, Inc., of PuDong, China; and
Basic Medical Supply, LLC, of Richmond, TX.
By instituting this investigation (337-TA-1008), 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 Personal Transporters, Components Thereof, and Packaging and Manuals Therefor
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain personal transporters, components thereof, and packaging and manuals therefor. The products at issue in the investigation are Respondents’ self-balancing, electric vehicles for carrying a person.
The investigation is based on a complaint filed by Segway Inc., of Bedford, NH; DEKA Products Limited Partnership, of Manchester, NH; and Ninebot (Tianjin) Technology Co., Ltd., of Tianjin, China, on May 18, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain personal transporters, components thereof, and packaging and manuals therefor that infringe patents and trademarks asserted by the complainants. The complainants request that the USITC issue a general exclusion order, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Inventist, Inc., of Camas, WA;
PhunkeeDuck, Inc., of Floral Park, NY;
Razor USA LLC, of Cerritos, CA;
Swagway LLC, of South Bend, IN;
Segaway, of Studio City, CA; and
Jetson Electric Bikes LLC, of New York, NY.
By instituting this investigation (337-TA-1007), 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 Passenger Vehicle Automotive Wheels
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain passenger vehicle automotive wheels. The products at issue in the investigation are automotive wheels with certain designs and/or trademarks that are used with Mercedes-Benz automobiles.
The investigation is based on a complaint filed by Daimler AG of Stuttgart, Germany, on April 11, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain passenger vehicle automotive wheels that infringe patents and trademarks 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:
A-Z Wheels LLC d/b/a UsaRim/UsaRim.com/Eurotech Wheels of San Diego, CA;
Galaxy Wheels & Tires, LLC, of San Diego, CA;
Infobahn International, Inc., d/b/a Infobahn/Eurotech/Eurotech Luxury Wheels/Eurotech Wheels/UsaRim of San Diego, CA;
Amazon.com, Inc., of Seattle, WA;
A Spec Wheels & Tires LLC d/b/a A SPEC Wheels & Tires of Hayward, CA;
American Tire Distributors Holdings, Inc., of Huntersville, NC;
American Tire Distributors, Inc., of Huntersville, NC;
Onyx Enterprises Int’l, Corp. d/b/a CARiD.COM of Cranbury, NJ;
O.E. Wheel Distributors, LLC, of Sarasota, FL;
Powerwheels Pro, LLC, of Waterford, MI; and
Trade Union International, Inc. d/b/a Topline of Montclair, CA.
By instituting this investigation (337-TA-1006), 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 L-Tryptophan, L-Tryptophan Products, and Their Methods of Production
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain L-tryptophan, L-tryptophan products, and their methods of production. The products at issue in the investigation are L-tryptophan and L-tryptophan products used as a supplement to animal feed or as a nutritional supplement for humans.
The investigation is based on a complaint filed by Ajinomoto Co., Inc., of Tokyo, Japan, and Ajinomoto Heartland Inc. of Chicago, IL, on May 10, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain L-tryptophan, L-tryptophan products, and their methods of production that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
CJ CheilJedang Corp. of Seoul, Republic of Korea;
CJ America, Inc. of Downers Grove, IL; and
PT CheilJedang Indonesia of Jakarta, Indonesia.
By instituting this investigation (337-TA-1005), 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 and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof. The products at issue in the investigation are smartphones and laptops.
The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on May 5, 2016 and supplements thereto. 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 mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof that infringe patents asserted by the complaint. 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:
Apple Inc. of Cupertino, CA; and
AT&T Mobility LLC of Atlanta, GA.
By instituting this investigation (337-TA-1004), 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 Composite Aerogel Insulation Materials and Methods for Manufacturing Same
The U.S. International Trade Commission (USITC) last week voted to institute an investigation of certain composite aerogel insulation materials and methods for manufacturing same. The products at issue in the investigation are very lightweight and low density insulation materials made using certain manufacturing processes.
The investigation is based on a complaint filed by Aspen Aerogels, Inc., of Northborough, MA, on May 5, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain composite aerogel insulation materials and methods for manufacturing same that infringe patents asserted by the complaint. 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:
Nano Tech Co., Ltd., of Shaoxing, Zhejiang, People’s Republic of China; and
Guangdong Alison Hi-Tech Co., Ltd., of Guangzhou, People’s Republic of China.
By instituting this investigation (337-TA-1003), 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 Carbon and Alloy Steel Products
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carbon and alloy steel products. The products at issue in the investigation are carbon and alloy steel products from China.
The investigation is based on a complaint filed by U.S. Steel Corporation of Pittsburgh, PA, on April 26, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain carbon and alloy steel products through one or more of the following unfair acts: (1) a conspiracy to fix prices and control output and export volumes, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1; (2) the misappropriation and use of U.S. Steel’s trade secrets; and (3) the false designation of origin or manufacturer, in violation of the Lanham Act, 15 U.S.C. § 1125(a). The complainants request that the USITC issue a general exclusion order, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Hebei Iron and Steel Group Co., Ltd., of Shijiazhuang City, Hebei Province, China;
Hebei Iron & Steel Group Hengshui Strip Rolling Co., Ltd., of Hengshui City, Hebei Province, China;
Hebei Iron & Steel (Hong Kong) International Trade Co., Ltd., of Hong Kong, China;
Shanghai Baosteel Group Corporation of Shanghai, China;
Baoshan Iron & Steel Co., Ltd., of Shanghai, China;
Baosteel America Inc. of Montvale, NJ;
Jiangsu Shagang Group of Zhangjiagang, Jiangsu Province, China;
Jiangsu Shagang International Trade Co., Ltd., of Zhangjiagang, Jiangsu Province, China;
Anshan Iron and Steel Group of Anshan City, Liaoning Province, China;
Angang Group International Trade Corporation of Anshan, Liaoning Province, China;
Angang Group Hong Kong Co. Ltd. of Wanchai, Hong Kong, China;
Wuhan Iron and Steel Group Corp. of Hubei Province, China;
Wuhan Iron and Steel Co., Ltd., Wuhan City, Hubei Province, China;
WISCO America Co., Ltd., Newport Beach, CA;
Shougang Group of Beijing, China;
China Shougang International Trade & Engineering Corporation of Beijing, China;
Shandong Iron and Steel Group Co. Ltd. of Jinan City, Shandong Province, China;
Shandong Iron and Steel Co., Ltd., Jinan City, Shandong Province, China;
Jigang Hong Kong Holdings Co., Ltd., of Wan Chai, Hong Kong, China;
Jinan Steel International Trade Co., Ltd., of Jinan City, Shandong Province, China;
Magang Group Holding Co. Ltd. of Maanshan City, Anhui Province, China;
Maanshan Iron and Steel Co. Ltd. of Maanshan City, Anhui Province, China;
Bohai Iron and Steel Group of Tianjin, China;
Tianjin Pipe (Group) Corporation of Tianjin Province, China;
Tianjin Pipe International Economic & Trading Corporation of Tianjin Province, China;
TPCO Enterprise, Inc., Houston, TX;
TPCO America Corporation of Gregory, TX;
Benxi Steel (Group) Co. Ltd. of Benxi City, Liaoning Province, China;
Benxi Iron and Steel (Group) International Economic and Trading Co. Ltd. of Benxi City, Liaoning Province, China;
Hunan Valin Steel Co. Ltd. of Changsha City, Hunan Province, China;
Hunan Valin Xiangtan Iron and Steel Co. Ltd. of Xiangtan City, Hunan Province, China;
Tianjin Tiangang Guanye Co., Ltd., of Tianjin, China;
Wuxi Sunny Xin Rui Science and Technology Co., Ltd., of Wuxi Province, China;
Taian JNC Industrial Co., Ltd., Tai’an City, Shandong Province, China;
EQ Metal (Shanghai) Co., Ltd., Shanghai, China;
Kunshan Xinbei International Trade Co., Ltd., Jiangsu, China;
Tianjin Xinhai Trade Co., Ltd., Tianjin, China;
Tianjin Xinlianxin Steel Pipe Co., Ltd., of Tianjin, China;
Tianjin Xinyue Industrial and Trade Co., Ltd., of Tianjin, China; and
Xian Linkun Materials (Steel Pipe Supplies) Co., Ltd., Xi’an City, Shaanxi Province, China.
By instituting this investigation (337-TA-1002), 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 Digital Video Receivers and Hardware and Software Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital video receivers and hardware and software components thereof. The products at issue in the investigation are digital video receivers and the hardware and software components thereof, including, for example, interactive program guide software.
The investigation is based on a complaint filed by Rovi Corporation and Rovi Guides, Inc., both of San Carlos, CA, on April 6, 2016. An amended complaint was filed on April 25, 2016. 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 digital video receivers and hardware and software 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:
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;
Comcast Shared Services, LLC, of Chicago, IL;
Technicolor SA of Issy-les-Moulineaux, France;
Technicolor USA Inc. of Indianapolis, IN;
Technicolor Connected Home USA LLC of Indianapolis, IN;
Pace Ltd. of West Yorkshire, England;
Pace Americas LLC of Boca Raton, FL;
Arris International plc of Suwanee, GA;
Arris Group Inc. of Suwanee, GA;
Arris Technology, Inc., of Horsham, PA;
Arris Enterprises Inc. of Suwanee, GA; and
Arris Solutions, Inc., of Suwanee, GA.
By instituting this investigation (337-TA-1001), 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.