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News Release 21-085
Inv. No(s). 337-TA-1269
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrolyte containing beverages and labeling and packaging 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 CAB Enterprises, Inc., of Houston, TX, and Sueros y Bebidas Rehidratantes S.A. de C.V. of Guadalajara, Jalisco, Mexico, on May 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 electrolyte containing beverages and labeling and packaging thereof that infringe registered trademarks 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:
Flexicompuestos S.A. de C.V. of Juarez, Nuevo Leon, Mexico;
Grupo Comercial Lux del Norte S.A. de C.V. of Miguel Aleman, Tamaulipas, Mexico;
Carbonera Los Asadores S.A. de C.V. of Allende, Nuevo Leon, Mexico;
Caribe Agencia Express, S.A. de C.V. of Benito Juarez, Quintana Roo, Mexico;
Comercializadora Degu S.A. de C.V. of Matamoros, Tamaulipas, Mexico;
Comercial Trevino de Reynosa, S.A. de C.V. of Reynosa, Tamaulipas, Mexico;
H & F Tech International S.A. de C.V. of San Nicolas de los Garza, Nuevo Leon, Mexico;
MPC Foods S.A. de C.V. of Manzanillo, Colima, Mexico;
Myrna Guadalupe Perez Martinez of Reynosa, Tamaulipas, Mexico;
Leticia Angelica Saenz Fernandez of Miguel Aleman, Tamaulipas, Mexico;
Yoselen Susana Martinez Tirado of Reynosa, Tamaulipas, Mexico;
Distribuidora Mercatto S.A. de C.V. of Monterrey, Nuevo Leon, Mexico;
Comercializadora Embers S.A. de C.V. of Allende, Nuevo Leon, Mexico; and
Manuel Bautista Nogales of Santa Catarina, Nuevo Leon, Mexico.
By instituting this investigation (337-TA-12xx), 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.
News Release 21-042
Inv. No(s). 337-TA-1257
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain organic light-emitting diode displays, components thereof, and products containing same. The products at issue in the investigation are described in the Commission’s notice of institution of investigation.
The investigation is based on a complaint filed by Samsung Display Co., Ltd. of Gyeonggi-do, Republic of Korea, and Intellectual Keystone Technology LLC of Wilmington, DE, on February 19, 2021. A corrected complaint was filed and supplemented on March 12, 2021. The complaint, as corrected and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain organic light-emitting diode displays, 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 the following as respondents in this investigation:
ASUSTeK Computer, Inc., of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
and JOLED Inc. of Tokyo, Japan.
By instituting this investigation (337-TA-1257), 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.
News Release 15-034
Inv. No(s). 337-TA-955
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain protective cases for electronic devices and components thereof. The products at issue in the investigation are certain types of protective cases that are typically used for consumer devices such as smartphones, tablets, and notebook computers.
The investigation is based on a complaint filed by Otter Products, LLP, of Fort Collins, CO, on March 11, 2015. An amended complaint was filed on March 25, 2015. 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 protective cases for electronic devices and components thereof that infringe patents asserted by Otter Products. 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:
Speculative Product Design, LLC, of San Mateo, CA; and
Tech21 UK Limited of Twickenham, United Kingdom.
By instituting this investigation (337-TA-955), 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.
News Release 15-030
Inv. No(s). 337-TA-954
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain variable valve actuation devices and automobiles containing the same. The products at issue in the investigation include certain types of valves that open and close with variable timing that are typically found in combustion automobile engines and vehicles with such engines.
The investigation is based on a complaint filed by Jacobs Vehicle Systems Inc. of Bloomfield, CT, on March 10, 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 variable valve actuation devices and automobiles containing the same 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 the following as respondents in this investigation:
FCA US LLC of Auburn Hills, MI;
FCA México, S.A. de C.V. of Santa Fe, México;
Sata-Società Automobilistica Tecnologie Avanzate S.p.A. of Melfi Potenza Italy;
Fiat Automobili Srbija Doo of Kragujevac, Serbia; and
Fiat Chrysler Automobiles N.V. of Slough, United Kingdom.
By instituting this investigation (337-TA-954), 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.
News Release 15-026
Inv. No(s). 337-TA-952
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras. The products at issue in the investigation include smartphones, tablet computers, digital media players, and smartwatches.
The investigation is based on a complaint filed by Ericsson Inc., of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on February 26, 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 electronic devices, including wireless communication devices, computers, tablet computers, digital media players, and cameras 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 Apple, Inc., a/k/a Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.
By instituting this investigation (337-TA-952), 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.
News Release 15-025
Inv. No(s). 337-TA-951
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same. The products at issue in the investigation are lithium transition metal oxide cathode materials used in certain lithium-ion batteries. Also at issue in the investigation are lithium-ion batteries for power tools containing lithium transition metal oxide cathode materials and power tools with lithium-ion batteries containing lithium transition metal oxide cathode materials.
The investigation is based on a complaint filed by BASF Corporation of Florham Park, NJ, and UChicago Argonne LLC, of Lemont, IL, on February 20, 2015. The complaint was supplemented on March 13, 2015. 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 lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same 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:
Umicore N.V. of Brussels, Belgium;
Umicore USA Inc. of Raleigh, NC;
Makita Corporation of Aichi, Japan;
Makita Corporation of America of Buford, GA; and
Makita U.S.A. Inc. of La Mirada, CA.
By instituting this investigation (337-TA-951), 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.
News Release 15-021
Inv. No(s). 337-TA-950
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic products, including products with near field communication (“NFC”) system-level functionality and/or battery power-up functionality, components thereof, and products containing same. The products at issue in the investigations are electronic products with NFC system-level functionality and/or battery power-up functionality including laptops, tablets, servers, printers, portable speakers, and wireless headsets.
The investigation is based on a complaint filed by NXP B.V. of Eindhoven, The Netherlands, and NXP Semiconductors USA, Inc., of San Jose, CA, on February 10, 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 electronic products, including products with near field communication (NFC) system-level functionality and/or battery power-up functionality, 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 a cease and desist order.
The USITC has identified Dell, Inc., of Round Rock, TX, as the respondent in this investigation.
By instituting this investigation (337-TA-950), 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.
News Release 15-020
Inv. No(s). 337-TA-949
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain audio processing hardware and software and products containing the same. The products at issue in the investigations are audio codec chips and audio processing software to remove or reduce unwanted audio noise, and products including desktop computers, all-in-one computers, notebooks, laptops, Chromebooks and computer tablets containing such chips and software.
The investigation is based on a complaint filed by Andrea Electronics Corporation of Bohemia, NY, on February 9, 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 audio processing hardware and software and products containing the same that infringe patents asserted by Andrea Electronics. 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:
Acer, Inc., of New Taipei City, Taiwan;
Acer America Corp. of San Jose, CA;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Dell Inc. of Round Rock, TX;
Hewlett Packard Co., of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo Holding Co., Inc., of Morrisville, NC;
Lenovo (United States) Inc. of Morrisville, NC;
Toshiba Corp. of Tokyo, Japan;
Toshiba America, Inc., of New York, NY;
Toshiba America Information Systems, Inc., of Irvine, CA; and
Realtek Semiconductor Corp. of Hsinchu, Taiwan.
By instituting this investigation (337-TA-949), 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.
News Release 15-019
Inv. No(s). 337-TA-948
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toy figurines and toy sets containing the same.
The investigation is based on a complaint filed by LEGO A/S and LEGO System A/S, both of Billund, Denmark, and LEGO Systems, Inc., of Enfield, CT, on February 6, 2015 and a letter supplementing the complaint, filed on February 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 toy figurines and toy sets containing the same that infringe patents and copyrights 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:
LaRose Industries LLC d/b/a CRA-Z-ART of Randolph, NJ;
MEGO Brands Inc. of Montreal, Quebec, Canada; and
Best-Lock Construction Toys, Inc., of Miami, FL.
By instituting this investigation (337-TA-948), 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.
News Release 15-016
Inv. No(s). 337-TA-947
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain light emitting diode products and components thereof. The products at issue in the investigation are LED products, such as LED bulbs, and other LED products and components of those products including LED chips and chip packages.
The investigation is based on a complaint filed by Cree, Inc., of Durham, NC, on January 12, 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 light emitting diode products and components thereof that infringe patents asserted by Cree. The complaint also alleges false advertising of certain of the accused products in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1225(a). The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Feit Electric Company, Inc., of Pico Rivera, CA;
Feit Electric Company, Inc., of Xiamen, China;
Unity Opto Technology Co., Ltd., of New Taipei City, Taiwan; and
Unity Microelectronics, Inc., of Plano, TX.
By instituting this investigation (337-TA-947), 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.