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Section 337

January 7, 2016

News Release 16-006

Inv. No(s). 337-TA-979

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

USITC Institutes Section 337 Investigation of Certain Radio Frequency Identification (RFID) Products and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (RFID) products and components thereof.  The products at issue in the investigation include readers and transponders combined into identification systems, such as those used to identify vehicles traveling on a toll road so that the toll can be electronically collected.

The investigation is based on a complaint filed by Neology, Inc., of Poway, CA, on December 4, 2015.  A supplement to the complaint was filed on December 22, 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 radio frequency identification (RFID) products 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:

Kapsch TrafficCom IVHS, Inc., of McLean, VA;
Kapsch TrafficCom IVHS Holding Corp. of McLean, VA;
Kapsch TrafficCom IVHS Technologies Holding Corp. of McLean, VA;
Kapsch TrafficCom U.S. Corp. of McLean, VA;
Kapsch TrafficCom Holding Corp. of McLean, VA;
Kapsch TrafficCom Canada, Inc., of Mississauga, Ontario, Canada;
Star Systems International, Ltd., of Kwai Chung, Hong Kong; and
STAR RFID Co., Ltd., of Bangkok, Thailand.

By instituting this investigation (337-TA-979), 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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December 30, 2015

News Release 15-125

Inv. No(s). 337-TA-978

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

USITC Institutes Section 337 Investigation of Certain Chassis Parts Incorporating Movable Sockets and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain chassis parts incorporating moveable sockets and components thereof.  The products at issue in the investigation are moveable sockets used in automotive steering and suspension systems.

The investigation is based on a complaint filed by Federal-Mogul Motorparts Corporation of Southfield, MI, on November 19, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of chassis parts incorporating moveable sockets and components thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and a cease and desist order.

The USITC has identified Mevotech, L.P., of Toronto, Ontario, Canada, as the respondent in this investigation.

By instituting this investigation (337-TA-978), 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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December 15, 2015

News Release 15-123

Inv. No(s). 337-TA-976

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

USITC Institutes Section 337 Investigation of Certain Woven Textile Fabrics and Products Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain woven textile fabrics and products containing same.  The products at issue in the investigation are high thread count cotton and polyester sheets and bedding products.

The investigation is based on a complaint filed by AAVN, Inc., of Richardson, TX, on October 1, 2015.  An amended complaint was filed on October 20, 2015, and a second amended complaint was filed on November 12, 2015.  The complaint, as twice amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain woven textile fabrics and products containing same that infringe a patent asserted by AAVN or are the subject of false and misleading advertising.  The complainant requests that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and a cease and desist order.

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

AQ Textiles, LLC, of Greensboro, NC;
Creative Textile Mills Pvt. Ltd. of Mumbai, Maharashtra, India;
Indo Count Industries Ltd. of Mumbai, Maharashtra, India;
Indo Count Global, Inc., of New York, NY;
GHCL Ltd. of Pradesh, India;
Grace Home Fashions LLC of New York, NY;
E & E Company, Ltd., of Thane, Maharashtra, India;
E & E Company, Ltd., d/b/a JLA Home, of Fremont, CA;
Welspun Global Brands Ltd. of Gujarat, India;
Welspun USA Inc. of New York, NY;
Elite Home Products, Inc., of Saddle Brook, NJ;
Pradip Overseas Ltd. of Ahmedabad, India;
Pacific Coast Textiles, Inc., of Garden Grove, CA;
Amrapur Overseas, Inc., of Garden Grove, CA; and
Westport Linens, Inc., of New York, NY.

By instituting this investigation (337-TA-976), 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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December 14, 2015

News Release 15-121

Inv. No(s). 337-TA-975

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

USITC Institutes Section 337 Investigation of Certain Computer Cables, Chargers, Adapters, Peripheral Devices, and Packaging Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain computer cables, chargers, adapters, peripheral devices, and packaging containing the same.  The products at issue in the investigation are electronics accessories, such as charging cables, and their packaging.

The investigation is based on a complaint filed by Belkin International, Inc., of Playa Vista, CA, on November 12, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the sale for importation into the United States of certain computer cables, chargers, adapters, peripheral devices, and packaging containing the same that infringe trademarks 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:

Dongguan Pinte Electronic Co., Ltd., of Shijie Town, Dongguan City, Guangdong Province, China; and
Donguang Shijie Fresh Electronic Products Factory of Shijie Town, Dongguan city, Guangdong Province, China.

By instituting this investigation (337-TA-975), 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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December 8, 2015

News Release 15-118

Inv. No(s). 337-TA-974

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

USITC Institutes Section 337 Investigation of Certain Aquarium Fittings and Parts Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain aquarium fittings and parts thereof.  The products at issue in the investigation are accessories for fish tanks.

The investigation is based on a complaint filed by HYDOR USA, Inc., of Sacramento, CA, on November 6, 2015.  Letters supplementing the complaint were filed on November 25, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain aquarium fittings and parts thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or a limited exclusion order if a general exclusion order is not issued, and a cease and desist order.

The USITC has identified JEBAO Co., Ltd., of Dongsheng Town, Zhongshan City, Guangdong Province, China, as the respondent in this investigation.

By instituting this investigation (337-TA-974), 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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December 1, 2015

News Release 15-114

Inv. No(s). 337-TA-973

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

USITC Institutes Section 337 Investigation of Certain Wearable Activity Tracking Devices, Systems, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wearable activity tracking devices, systems, and components thereof.  The products at issue in the investigation are commercially available and wearable devices for improving health and fitness for consumers in the form of tracking devices that can gather data on movement, activity, sleep, and other parameters.

The investigation is based on a complaint filed by Fitbit, Inc., of San Francisco, CA, on November 2, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wearable activity tracking devices, systems, and components thereof that infringe patents asserted by Fitbit.  The complainant requests 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:

AliphCom d/b/a Jawbone of San Francisco, CA; and
BodyMedia, Inc., of Pittsburgh, PA.

By instituting this investigation (337-TA-973), 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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November 17, 2015

News Release 15-111

Inv. No(s). 337-TA-972

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

USITC Institutes Section 337 Investigation of Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated teller machines, ATM modules, components thereof, and products containing the same.  The products at issue in the investigation are ATMs with deposit automation modules, check recognition modules, bulk check acceptors for one or more checks, check bins, cash dispensing units, and reject/retract cassettes.

The investigation is based on a complaint filed by Diebold, Incorporated, and Diebold Self-Service Systems, both of North Canton, OH, on October 19, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain automated teller machines, ATM modules, components thereof, and products containing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a  limited exclusion order and cease and desist orders.

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

Nautilus Hyosung Inc. of Seoul, Republic of Korea;
Nautilus Hyosung America Inc. of Irving, TX; and
HS Global, Inc., of Brea, CA.

By instituting this investigation (337-TA-972), 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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November 17, 2015

News Release 15-109

Inv. No(s). 337-TA-971

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

USITC Institutes Section 337 Investigation of Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain air mattress systems, components thereof, and methods of using the same.  The products at issue in the investigation are mattresses in which the traditional inner spring and foam construction is replaced by an adjustable air mattress system which can be adjusted to meet the firmness preferences of sleeping partners or as one’s sleeping preferences change over time.

The investigation is based on a complaint filed by Select Comfort Corporation of Minneapolis, MN, and Select Comfort SC Corporation of Greenville, SC, on October 16, 2015.  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 systems, components thereof, and methods of using 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:

Sizewise Rentals LLC of Kansas City, MO;
American National Manufacturing Inc., of Corona, CA; and
Dires LLC and Dires LLC d/b/a Personal Comfort Beds of Orlando, FL.

By instituting this investigation (337-TA-971), 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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November 2, 2015

News Release 15-102

Inv. No(s). 337-TA-969

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

USITC Institutes Section 337 Investigation of Certain Blood Cholesterol Test Strips and Associated Systems Containing Same

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain blood cholesterol test strips and associated systems containing same.  The products at issue in the investigation are point of care blood cholesterol testing meters, test strips, and systems containing the same.

The investigation is based on a complaint filed by Polymer Technology Systems, Inc., of Indianapolis, IN, on October 2, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain blood cholesterol test strips and associated systems containing same that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue an exclusion order and a cease and desist order.

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

Infopia Co., Ltd., of Anyang-si, Gyeonggi-do, Republic of Korea;
Infopia America LLC of Titusville, FL; and
Jant Pharmacal Corporation of Encino, CA.

By instituting this investigation (337-TA-969), 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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October 26, 2015

News Release 15-101

Inv. No(s). 337-TA-968

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

USITC Institutes Section 337 Investigation of Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radiotherapy systems and treatment planning software and components thereof.  The products at issue in the investigation are medical systems that employ radiotherapy to treat cancer.

The investigation is based on a complaint filed by Varian Medical Systems, Inc., of Palo Alto, CA, and Varian Medical Systems International AG of Cham, Switzerland, on September 25, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue an exclusion order and a cease and desist order.

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

Elekta AB of Stockholm, Sweden;
Elekta Ltd. of Crawley, United Kingdom;
Elekta GmbH of Hamburg, Germany;v Elekta Inc. of Atlanta, GA;
IMPAC Medical Systems, Inc., of Sunnyvale, CA;
Elekta Instrument (Shanghai) Limited of Shanghai, China; and
Elekta Beijing Medical Systems Co. Ltd. of Beijing, China.

By instituting this investigation (337-TA-968), 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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