ITC Blog: ITC 337 Update

On January 13, 2012 the ITC voted to institute an investigation of certain portable communication devices.  The products at issue in this investigation are cellular phones, tablet computers, and other such devices. The investigation is based on an amended complaint filed by Digitude Innovations, LLC, of Alexandria, VA, on December 16, 2011.  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 communication devices that infringe patents asserted by Digitude Innovations.  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: Research in Motion Ltd. of Canada; Research in Motion Corp. of Irving, TX; HTC Corporation of Taiwan; HTC America, Inc., of Bellevue, WA; LG Electronics, Inc., of South Korea; LG Electronics U.S.A., Inc., of Englewood Cliffs, NJ; LG Electronics MobileComm U.S.A., Inc., of San Diego, CA; Motorola Mobility Holdings, Inc., of Libertyville, IL; Samsung Electronics Co., Ltd., of South Korea; Samsung Electronics America, Inc., of Ridgefield Park, NJ; Samsung Telecommunications America, LLC, of Richardson, TX; Sony Corporation of Japan; Sony Corporation of America of New York, NY; Sony Electroincs, Inc., of San Diego, CA; Sony Ericsson Mobile Communications AB of Sweden; Sony Ericsson Mobile Communications (USA) Inc. of Research Triangle Park, NC; Amazon.com, Inc., of Seattle, WA; Nokia Corporation of Finland; Nokia Inc. of Irving, TX; Pantech & Curitel Communication, Inc. of South Korea; and Pantech Wireless Inc. of Atlanta, GA.

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On January 13, 2012 the ITC voted to institute an investigation of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same.  The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace. The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL, and TS Investment Holding Corp. of Miami, FL, on December 13, 2011.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract.  The complainants request that the ITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.  The USITC has identified the following as respondents in this investigation: Shenzhen Reliap Industrial Co. of China; Yue Qiu Sheng (aka Jason Yue) of China; and Whalen Furniture Manufacturing Inc. of San Diego, CA.

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On January 10, 2012, a complaint was filed on behalf of Eastman Kodak Company against proposed respondents that include Apple, HTC and Exedea.  The complaint alleges the unfair and unlawful importation of electronic devices that capture and transmit images, including smartphones, handheld tablets and video phones, that allegedly infringe Kodak’s U.S. Patent Nos. 7,210,161, 7,742,084, 7,453,605, 7,936,391, and 6,292,218. Kodak seeks a permanent exclusion order and a cease and desists order.

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Technology Properties Limited LLC ("TPL") filed a Complaint concerning Certain Digital Photo Frames and Image Display Devices and Components Thereof, which asserts four patents (U.S. Patent Nos. 6,976,623, 7,162,549, 7,295,443, and 7,522,424).  TPL alleges a violation of Section 337 by proposed Respondents Action Electronics Co., Ltd., Taiwan; Aiptek International Inc., Taiwan; Aluratek Inc., Tustin, California; Audiovox Corporation, Happauge, New York; CEIVA Logic, Burbank, California; Circus World Displays Ltd., Canada; Coby Electronics Corporation, Lake Success, New York; Curtis International Ltd., Canada; Digital Spectrum Solutions Inc., Irvine, California; Eastman Kodak Company, Rochester, New York; Mustek Systems, Inc., Taiwan; Nextar Inc., La Verne, California; Pandigital, Dublin, California; Royal Consumer Information Products Inc., Somerset, New Jersey; Sony Corporation, Japan; Transcend Information Inc., Taiwan; ViewSonic Corporation, Walnut, California; Win Accord Ltd., Taiwan; and WinAccord USA Inc., San Jose, California.

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Femina Pharma Inc. filed a complaint on February 25, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Vaginal Ring Birth Control Devices. The proposed respondents are: Merck & Co., Inc.; Schering Plough Corporation; Organon USA, Inc.; N.V. Organon; CVS Caremark Corporation; CVS Pharmacy, Inc.; Wal-Mart Stores, Inc.; Walgreens Co.; The Canamerican Drugs Inc.; The Canamerican Global Inc.; Canadian Med Service; Panther Meds Inc.; Canda Drugs Online; Drug World Canada; CanDrug Health Solutions Inc.; Big Mountain Drugs; BestBuy Rx.com; Blue Sky Drugs; Canada, ABC Online Pharmacy; ABC Online Pharmacy; Canadadrugs.com LP; North Drug Store; and Canada Pharmacy.  The complaint is currently pending institution. 

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On January 31, 2011, a complaint was filed on behalf of Graco Children’s Poducts Inc. alleging violation of § 337 by proposed respondent Baby Trend, Inc. of Ontario, California. Complainant alleges that importation into the U.S., offers for sale, and sale and use of the accused products in the U.S. infringes at least the following patent claims: claims 1, 8, and 15 of U.S. Patent No. 6,669,225, claim 10 of U.S. patent No. 7,044,497, claim 1 of U.S. Patent No. 7,188,858, claim 1 of U.S. Patent No. 7,404,569, and claims 1 and 23 of U.S. Patent No. 6,510,570

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Horizon Hobby Inc. filed a complaint with the ITC on January 6, 2011, naming over Koko Technology Ltd. of Shenzhen, China and Cyclone Toy & Hobby of Shenzhen, China as respondents. The complaint has resulted in an ITC investigation assigned Inv. No. 337-TA-779, Certain Radio Control Hobby Transmitters and Receivers and Products Containing Same. The investigation concerns alleged infringement of claims 1-5 of U.S. Patent No. 7,391,320; U.S. Copyright Reg. No. TX-7-226-001; and U.S. Trademark Reg. No. 3,080,770.

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On May 4, 2010, Blumberg Industries, Inc. d/b/a Fine Art Lamps (“Fine Art Lamps”) filed a complaint requesting a section 337 investigation.  The proposed respondent is Lights & More, Inc. (“L&M”).  The products involved are lighting products, lamps, and/or lighting fixtures.  Fine Art Lamps alleges that certain lamps and lighting fixture products imported by L&M and sold within the United States infringe one or more claims of U.S. Patent No. D570,038S, “Decorative Element of Lighting Fixtures,” along with other intellectual property rights afforded to Fine Art Lamps under U.S. copyright, trademark, and unfair competition laws.

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On May 4, 2010, the Office of the Secretary issued a Notice in the Federal Register announcing Inv. No. 337-TA-714, In the Matter of Certain Electronic Devices with Multi-Touch Enabled Touchpads and Touchscreens.  The complainant, Elan Microelectronics Corporation, alleges violations of section 337 based upon the importation and sale within the United States after importation of certain electronic devices with multi-touch enabled touchpads and touchscreens by reason of infringement of U.S. Patent No. 5, 825, 352.  The respondent is Apple Inc. Chief ALJ Luckern will preside over the investigation.

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Georgia-Pacific Consumer Products LP ("Georgia-Pacific") filed a complaint yesterday accusing 11 proposed respondents of infringing U.S. Patent Nos. 6,871,815, 7,017,856, 7,182,289, and 7,387,274 ("Asserted Patents") in Inv. No. 337-TA-___, In the Matter of Certain Electronic Paper Towel Dispensing Devices and Components Thereof.  In its complaint, Georgia-Pacific accuses Kruger Products, KTG USA, Stefco Industries, Cellynne Corp., Draco Hygenic Products, NetPak Electronic Plastic and Cosmetic, NetPak Elektronik Plastik ve Kozmetik Sanayi, Paradigm Marketing Consortium, United Sourcing Network, New Choice, and Vida International of patent infringement.  The Asserted Patents cover methods for "inexpensively and conveniently" grounding electronic paper towel dispensers so that static build-up does not damage the circuitry of electronic dispensers.  Concurrent with the filing of its ITC complaint, Georgia-Pacific also filed suit in the Northern District of Georgia alleging that Kruger, Stefco, Draco, NetPak, and Paradigm infringe the Asserted Patents.  (PDF)

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The Commission issued notice of a complaint filed by Toshiba Corporation in Inv. No. 337-TA-705 alleging violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain notebook computer products and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,156,093 and 5,430,867. The respondents are Wistron Corporation, Wistron InfoComm and others. (PDF)

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On February 18, 2010 the Commission issued notice of a complaint filed on behalf of Motorola, Inc., alleging violations of section 337 based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless communication system server software, wireless handheld devices, and battery packs by reason of infringement of certain claims of U.S. Patent Nos. 5,319,712; 5,359,317; 5,569,550; 6,232,970; 6,272,333. The respondents are Research in Motion Ltd. and Research in Motion Corp. and the investigation is Inv. No. 337-TA-706, Certain Wireless Communication System Server Software, Wireless Handheld Devices and Battery Packs. (PDF)

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The Commission issued notice of a complaint filed on behalf of Apple, Inc., alleging violations of section 337 based on the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile communications and computer devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,379,431; 5,455,599; 5,519,867; 5,915,131; 5,920,726; 5,969,705; 6,343,354; 6,424,354 and RE 39,486. The respondents are Nokia, Inc. and Nokia Corporation and the investigation is Inv. No. 337-TA-704, Certain Mobile Communication and Computer Devices and Components Thereof.  (PDF)

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The ITC issued notice of Inv. No. 337-TA-701, In the Matter of Certain Electronic Products, Including Mobile Phones, Portable Music Players and Computers. The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 6,714,091, 6,834,181, 6,895,256, 6,518,957, 6,073,036, 6,262,735, and 6,924,789. Complainants are Nokia Corporation and Nokia Inc. Respondent is Apple Inc.  (PDF)

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The ITC issued notice of Inv. No. 337-TA-698, In the Matter of Certain DC-DC Controllers and Products Containing Same. The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,315,190, 6,414,470, and 7,132,717; and by reason of trade secret misappropriation. Complainants are Richtek Technology Corp. and Richtek USA, Inc. Respondents are uPI Semicondutor Corp., Advanced Micro Devices, Inc., Sapphire Technology Limited, Best Data Products Inc., d/b/a Diamond Multimedia, Inc., and XFX Technology, Inc.  (PDF)

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The ITC issued notice of Inv. No. 337-700, In the Matter of Certain Surface Mount MEMS Microphones and Products Containing the Same. The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,220,614 and 7,364,942. Complainant is Analog Devices, Inc. Respondents are Knowles Electronics LLC and Mouser Electronics, Inc.  (PDF)

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The ITC issued notice of Inv. No. 337-TA-699, In the Matter of Certain Liquid Crystal Display Devices and Products Containing the Same. The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 5,844,533; 6,888,585; and 7,436,479. Complainant is Samsung Electronics Co., Ltd. Respondents are Sharp Corporation, Sharp Electronics Corporation, and Sharp Electronics Manufacturing.  (PDF)

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The ITC issued notice of Inv. No. 337-TA-697, In the Matter of Certain Authentication Systems, Including Software and Handheld Electronic Devices. The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent No. 7,290,288. Complainant is Prism Technologies LLC. Respondents are Research In Motion, Ltd. and Research In Motion Corp.  (PDF)

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On September 23, 2009, a complaint was filed requesting a section 337 investigation on behalf of Hewlett-Packard Co. The proposed respondents are: Zhuhai Gree Magneto-Electric Co., Ltd., InkPlusToner.com, Mipo International Ltd., Mextec Group Inc. d/b/a Mipo America Ltd., Shanghai Angel Printer Supplies Co. Ltd., SmartOne Services LLC d/b/a InkForSale.net, Shenzhen Print Media Co., Ltd., Comptree Ink d/b/a Meritline, ABCInk, EZ Label, and CDR DVDR Media, Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., Tatrix International, and Ourway Image Co., Ltd. The products involved are Inkjet Supplies. Hewlett-Packard allege that the proposed respondents have engaged in violations of Section 337 in connection with certain inkjet ink supplies and components thereof that allegedly infringe one or more claims of United States Patent Nos. 6,959,985; 7,104,630; 6,089,687; and 6,264,301. (PDF)

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On September 18, 2009, a complaint was filed requesting a section 337 investigation on behalf of Ricoh Company, Ltd., Ricoh Americas Corp. and Ricoh Electronics. The proposed respondents are Oki Data Corp. and Oki Data Americas, Inc. The products involved include (but are not limited to) multifunction printers and components thereof, including at least image drums and fuser units. The accused products are alleged to infringe one or more claims of United States Patent Nos. 5,764,866; 6,388,771; 6,209,048; and 5,863,690. (PDF)

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On September 15, 2009, a new complaint was filed requesting a section 337 investigation on behalf of Safe Skies, LLC, and David Tropp. The proposed respondents are: C & C Luggage Manufacturing Co., Ltd., Diplomat, Hangzhou Gema Suitcases & Bags Co. Ltd., La Pearl Luggage and Leather Goods Co., Ltd., Hinomoto Jomae, Ltd., Sinox Company, Ltd., Yi Feng Manufacturing, Co., Ltd., Jin Tay Industries Co., Ltd., Fullyear-Brother Enterprise, Co., Ltd., Zhuhai SkyGood Tech. Industrial Corp., Ltd., Ningbo Zianfeng Art & Craft Co., Ltd., Paloma Enterprises Co., Ltd., Tekraft Industrial Co., Ltd., Hangzhou Travelsky Co., Ltd., The Sun Lock Company Ltd., Alloy Metal Manufactory, Ltd., Cometform, Ltd., Design Go Ltd., Franzen International, and M-Power Lock Manufactory. The products involved include certain locks, luggage and baggage containing dual access locks that complainants allege infringe certain methods of improving airline luggage inspection covered by U.S. Patent Nos. 7,021,537 and 7,036,728. (PDF)

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On September 3, 2009, a complaint was filed requesting a section 337 investigation on behalf of Paice, LLC. The proposed respondents are: Toyota Motor Corporation, Toyota Motor North America, Inc., and Toyota Motor Sales, U.S.A., Inc. The products involved are certain hybrid electric vehicles and components thereof that allegedly infringe United States Patent No. 5,343,970. (PDF)

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On August 12, 2009, a complaint was filed requesting a section 337 investigation on behalf of LG Electronics, Inc. The proposed respondents are Funai Electric Company, Ltd., Funai Corporation, Inc., and P&F USA, Inc. The products involved are video displays. (PDF)

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On August 7, 2009, a complaint was filed requesting a section 337 investigation on behalf of The Lincoln Electric Co. and Lincoln Global, Inc. The proposed respondents are Atlantic China Welding Consumables, Inc., ESAB AB, Hyndai Welding Col, Ltd., Kiswel Col, Ltd., and Sidergas SpA. The products involved are Bulk Welding Wire Containers and Components Thereof and Welding Wire.  (PDF)

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