Section 337
USITC Institutes Section 337 Investigation of Certain Tunable Lenses and Products Containing the Same
The U.S. International Trade Commission (USITC) voted on October 22, 2021, to institute an investigation of certain tunable lenses and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Holochip Corporation of Torrance, CA, on September 27, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tunable lenses and products containing 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 the respondents this investigation:
Optotune AG of Dietikon, Switzerland; and
Edmund Optics, Inc., of Barrington, NJ.
By instituting this investigation (337-TA-1282), 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 Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain video security equipment and systems, related software, components thereof, and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Motorola Solutions, Inc., of Chicago, IL; and Avigilon Corporation, Avigilon Fortress Corporation, Avigilon Patent Holding 1 Corporation, and Avigilon Technologies Corporation, all of Vancouver, British Columbia, Canada, on August 9, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain video security equipment and systems, related software, components thereof, 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 Verkada Inc. of San Mateo, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1281), 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 Laptops, Desktops, Servers, Mobile Phones, Tablets, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain laptops, desktops, servers, mobile phones, tablets, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Sonrai Memory Ltd. of Dublin, Ireland, on August 2, 2021. An amended complaint was filed on August 6, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain laptops, desktops, servers, mobile phones, tablets, 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:
Amazon.com, Inc., of Seattle, WA;
Dell Technologies Inc. of Round Rock, TX;
EMC Corporation of Round Rock, TX;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
LG Electronics Inc. of Seoul, South Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ;
Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, South Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.
By instituting this investigation (337-TA-1280), 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 Flocked Swabs, Products Containing Flocked Swabs, and Methods of Using Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flocked swabs, products containing flocked swabs, and methods of using same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Copan Italia S.p.A of Brescia, Italy, and Copan Industries, Inc., of Aguadilla, Puerto Rico, on July 9, 2021. Supplements to the complaint were filed on August 16, 2021; August 19, 2021; and August 23, 2021. 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 flocked swabs, products containing flocked swabs, and methods of using 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 cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Han Chang Medic of Chungnam, Republic of Korea;
Wuxi NEST Biotechnology Co., Ltd. of Wuxi, Jiangsu, China;
NEST Scientific Inc. of Rahway, NJ;
NEST Scientific USA of Rahway, NJ;
Miraclean Technology Co., Ltd., of Shenzhen, Guangdong, China;
Vectornate Korea Ltd. of Jangseong, Jeonnam, Republic of Korea;
Innovative Product Brands, Inc., of Highland, CA;
Thomas Scientific, Inc., of Swedesboro, NJ;
Thomas Scientific, LLC, of Swedesboro, NJ;
Stellar Scientific, LLC, of Owings Mills, MD;
Cardinal Health, Inc., of Dublin, OH;
Ksl Biomedical, Inc., of Williamsville, NY;
Ksl Diagnostics, Inc., of Williamsville, NY;
Jiangsu Changfeng Medical Industry Co., Ltd., of Yangzhou, Jiangsu, China;<
No Borders Dental Resources, Inc., dba MediDent Supplies, of Queen Creek, AZ;<
BioTeke Corporation (Wuxi) Co., Ltd., of Wuxi, Jiangsu, China;
Fosun Pharma USA Inc. of Princeton, NJ;<
Hunan Runmei Gene Technology Co., Ltd., of Changsha, Hunan, China;
VWR International, LLC, of Radnor, PA; and
Slmp, LLC, dba StratLab Medical Products of McKinney, TX.
By instituting this investigation (337-TA-1279), 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 Radio Frequency Transmission Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency transmission devices and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Zebra Technologies Corporation of Lincolnshire, IL, on July 28, 2021. 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 transmission devices and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified OnAsset Intelligence, Inc., of Irving, TX, as the respondent in this investigation.
By instituting this investigation (337-TA-1278), 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 Smart Thermostats, Load Control Switches, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain smart thermostats, load control switches, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Causam Enterprises, Inc., of Raleigh, NC, on July 28, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostats, load control switches, 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:
Alarm.com Holdings, Inc. of Tysons, VA;
Alarm.com Inc. of Tysons, VA;
Ecobee, Inc. of Canada;
EnergyHub, Inc. of Brooklyn, NY;
Itron, Inc. of Liberty Lake, WA;
Itron Distributed Energy Management, Inc. of Liberty Lake, WA;
Resideo Smart Homes Technology (Tianjin) of China;
Resideo Technologies, Inc. of Austin, TX; and
Xylem Inc. of Rye Brook, NY.
By instituting this investigation (337-TA-1277), 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 Light-Based Physiological Measurement Devices and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light-based physiological measurement devices and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Masimo Corporation of Irvine, CA, and Cercacor Laboratories, Inc., of Irvine, CA, on June 30, 2021, and amended on July 12, 2021. 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 light-based physiological measurement devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified Apple, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-1276), 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 Networking Devices, Computers, and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain networking devices, computers, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Proven Networks, LLC, of Los Angeles, CA, on June 1, 2021. The complaint was amended on July 11, 2021, and the amended complaint was supplemented on July 27, 2021. 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 networking devices, computers, 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 F5 Networks, Inc., of Seattle, WA, as the respondent in this investigation.
By instituting this investigation (337-TA-1275), 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 Optical Enclosures, Components Thereof, and Products Containing the Same
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optical enclosures, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Criterion Technology, Inc., of Thomaston, GA, on July 2, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optical enclosures, components thereof, and products containing the same that misappropriate trade secrets 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:
Velodyne Lidar USA, Inc., of San Jose, CA; and
Fujian Fran Optics Co., Ltd., of Fujian, China.
By instituting this investigation (337-TA-1274), 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 Residential Premises Security Monitoring and Automation Control Panels and Components Thereof
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain residential premises security monitoring and automation control panels and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by ADT LLC of Boca Raton, FL, and The ADT Security Corporation of Boca Raton, FL, on June 30, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain residential premises security monitoring and automation control panels and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified Vivint, Inc., of Provo, UT, as the respondent in this investigation.
By instituting this investigation (337-TA-1273), 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.