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Section 337

May 20, 2016

News Release 16-056

Inv. No(s). 337-TA-1000

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

USITC Institutes Section 337 Investigation of Certain Motorized Self-Balancing Vehicles

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized self-balancing vehicles.  The products at issue in the investigation are two-wheeled motorized vehicles that resemble skateboards.

The investigation is based on a complaint filed by Razor USA LLC of Cerritos, CA, and Inventist, Inc., and Shane Chen, both of Camas, WA, on March 22, 2016.  Letters supplementing the complaint were filed on March 23, April 12, April 13, April 18, and 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 motorized self-balancing vehicles by reason of infringement of a patent asserted by the complainants, and by reason of false advertising, misrepresentation and unfair competition.  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:

Alibaba Group Holding Ltd. of Causeway Bay, Hong Kong;
Alibaba.com Ltd. of Hangzhou, China;
Hangzhou Chic Intelligent Technology Co., Ltd., of Hangzhou, China;
Contixo of Ontario, CA;
ZTO Store a.k.a. ZTO Trading Inc., of Monterey Park, CA;
CyBoard LLC a.k.a. Shark Empire Inc. of Glendale, CA;
Genius Technologies a.k.a. Prime Capital of Hastings, MN;
GyroGlyder.com of Stockton, CA;
HoverTech of Hebron, KY;
InMotion Entertainment Group LLC of Jacksonville, FL;
Soibatian Corporation d/b/a/IO Hawk and d/b/a Smart Wheels of Glendale, CA;
Jetson Electric Bikes LLC of New York, NY;
Joy Hoverboard, a.k.a. Huizhou Aoge Enterprize Co. Ltd. of Huizhou, China;
Shenzhen Kebe Technology Co., Ltd., of Shenzhen, China;
Leray Group of Beijing, China;
Modell’s Sporting Goods, Inc., of New York, NY;
Newegg.com Inc. of City of Industry, CA;
PhunkeeDuck, Inc., of Floral Park, NY;
Powerboard a.k.a. Optimum Trading Co. of Hebron, KY;
Shareconn International, Inc., of Shenzhen, Guangdong, China;
Shenzhen Chenduoxing Electronic Technology Ltd. of Shenzhen, Guangdong, China;
Shenzhen Jomo Technology Co., Ltd., of Shenzhen City, China;
Shenzhen R.M.T. Technology Co., Ltd., of Shenzhen, Guangdong, China;
Shenzhen Supersun Technology Co. Ltd. a.k.a. Aottom of Shenzhen, Guangdong, China;
Skque Products of Irwindale, CA;
Spaceboard USA of Norcross, GA;
Swagway LLC of South Bend, IN;
Twizzle Hoverboard of La Puente, CA; and
Uwheels of Santa Ana, CA.

By instituting this investigation (337-TA-1000), 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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May 19, 2016

News Release 16-055

Inv. No(s). 337-TA-999

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

USITC Institutes Section 337 Investigation of Certain Air Mattress Bed Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain air mattress bed systems and components thereof.  The products at issue in the investigation are mattress systems having air chambers that are used to adjust firmness for individualized comfort.

The investigation is based on a complaint filed by Select Comfort Corporation of Minneapolis, MN, and Select Comfort SC Corporation of Greenville, SC, on April 20, 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 air mattress bed systems and components thereof by reason of infringement of patents asserted by the complainants.  The complainants request that the USITC issue limited exclusion orders and cease and desist orders.

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

American National Manufacturing Inc. of Corona, CA;
Elements of Rest Inc. of Atlanta, GA;
Responsive Surface Technology LLC of Atlanta, GA; and
Dires LLC d/b/a Personal Comfort Bed of Orlando, FL.

By instituting this investigation (337-TA-999), 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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May 18, 2016

News Release 16-053

Inv. No(s). 337-TA-998

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

USITC Institutes Section 337 Investigation of Certain Hybrid Electric Vehicles and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain hybrid electric vehicles and component thereof.  The products at issue in the investigation are passenger cars or vehicles that use hybrid electric power with certain types of controllers.    

The investigation is based on a complaint filed by Paice LLC and Abell Foundation, Inc., both of Baltimore, MD, on April 15, 2016, and subsequently amended on April 29, 2016.  The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain hybrid electric vehicles and component thereof by reason of infringement of 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:

Volkswagen AG of Wolfsburg, Germany;
Volkswagen Group of America, Inc., of Herndon, VA;
Dr. Ing. H.C. F. Porsche AG of Stuttgart, Germany;
Porsche Cars North America, Inc., of Atlanta, GA;
Audi AG of Ingolstadt, Germany; and
Audi of America, LLC, of Herndon, VA.

By instituting this investigation (337-TA-998), 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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May 13, 2016

News Release 16-051

Inv. No(s). 337-TA-997

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

USITC Institutes Section 337 Investigation of Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain sleep-disordered breathing treatment systems and components thereof.  The products at issue in the investigation are medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea.

The investigation is based on a complaint filed by ResMed Corp. and ResMed Inc., both of San Diego, CA, and ResMed Ltd. of Bella Vista NSW, Australia, on April 14, 2016, and subsequently corrected on April 18, 2016 and supplemented on April 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 sleep-disordered breathing treatment systems and components thereof by reason of infringement of patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a cease and desist orders.

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

BMC Medical Co., Ltd., of Shijingshan, Beijing, China;
3B Medical, Inc., of Lake Wales, FL; and
3B Products, L.L.C., of Lake Wales, FL.

By instituting this investigation (337-TA-997), 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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May 11, 2016

News Release 16-049

Inv. No(s). 337-TA-996

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

USITC Institutes Section 337 Investigation of Certain Quartz Slabs and Portions Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain quartz slabs and portions thereof.  The products at issue in the investigation are quartz slabs.

The investigation is based on a complaint filed by Cambria Company LLC of Belle Plaine, MN, on April 14, 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 quartz slabs and portions thereof by reason of infringement of patents asserted by the complainant.  The complainant requests 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:

Wilsonart LLC of Temple, TX; and
Dorado Soapstone LLC of Denver, CO.

By instituting this investigation (337-TA-996), 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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May 11, 2016

News Release 16-048

Inv. No(s). 337-TA-995

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

USITC Institutes Section 337 Investigation of Certain Electrical Conductor Composite Cores and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrical conductor composite cores and components thereof.  The products at issue in the investigation are composite core conductors that are used in overhead electrical transmission lines.

The investigation is based on a complaint filed by CTC Global Corporation of Irvine, CA, on April 8, 2016  and amended on April 26, 2016.  The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electrical conductor composite cores and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.

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

Mercury Cable & Energy, Inc. of San Juan Capistrano, CA; and
Shenzhen Zm Hesheng Power Development Co., Ltd. of Futian Shenzhen China.

By instituting this investigation (337-TA-995), 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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May 5, 2016

News Release 16-045

Inv. No(s). 337-TA-994

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

USITC Institutes Section 337 Investigation of Certain Portable Electronic Devices and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable electronic devices and components thereof.  The products at issue in the investigation are portable electronic devices, such as smart phones, with the capability of playing stored media files selected by a user from a hierarchical display.

The investigation is based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc., of Milpitas, CA, on March 24, 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 portable electronic 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 respondents in this investigation:

ZTE Corporation of Guangdong, China;
ZTE (USA) Inc. of Richardson, TX;
Sony Corporation of Tokyo, Japan;
Sony Mobile Communications, Inc., of Tokyo, Japan;
Sony Mobile Communications AB of Lund, Sweden;
Sony Mobile Communications (USA), Inc., of Atlanta, GA;
Samsung Electronics Co., Ltd., of Seoul, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ;
LG Electronics, Inc., of Seoul, Republic of Korea;
LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ;
LG Electronics Mobilecomm U.S.A., Inc., of San Diego, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc., of Bellevue, WA;
Blackberry Ltd. of Waterloo, Ontario, Canada; and
Blackberry Corporation of Irving, Texas.

By instituting this investigation (337-TA-994), 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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April 20, 2016

News Release 16-041

Inv. No(s). 337-TA-992

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

USITC Institutes Section 337 Investigation of Certain Height-Adjustable Desk Platforms and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain height-adjustable desk platforms and components thereof.  The products at issue in the investigation are height-adjustable desk platforms, and components thereof, which are designed to allow users to work while standing rather than sitting.  The products allow users to securely position their work surfaces at different heights.

The investigation is based on a complaint filed by Varidesk LLC of Coppell, TX, on March 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 height-adjustable desk platforms 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:

Nortek, Inc., of Providence, RI; and
Ergotron, Inc., of St. Paul, MN.

By instituting this investigation (337-TA-992), 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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March 25, 2016

News Release 16-034

Inv. No(s). 337-TA-991

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

USITC Institutes Section 337 Investigation of Certain Nanopores and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain nanopores and products containing same.  The products at issue in the investigation are nanopores and DNA sequencers containing nanopores. 

The investigation is based on a complaint filed by Illumina Inc. of San Diego, CA; the University of Washington of Seattle, WA; and UAB Research Foundation of Birmingham, AL, on February 23, 2016 and subsequently supplemented on March 2, 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 nanopores and products containing 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:

Oxford Nanopore Technologies Ltd. of Oxford, United Kingdom; and
Oxford Nanopore Technologies, Inc., of Cambridge, MA.

By instituting this investigation (337-TA-991), 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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March 15, 2016

News Release 16-031

Inv. No(s). 337-TA-990

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

USITC Institutes Section 337 Invstigation of Certain Mobile Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices incorporating haptics (including smartphones and smartwatches) and components thereof.  The products at issue in the investigation are smartphones and smartwatches.

The investigation is based on a complaint filed by Immersion Corporation of San Jose, CA, on February 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 mobile devices incorporating haptics (including smartphones and smartwatches) 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:

Apple Inc. of Cupertino, CA;
AT&T Inc. of Dallas, TX; and
AT&T Mobility LLC of Atlanta, GA.

By instituting this investigation (337-TA-990), 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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