July 30, 2010
News Release 10-087
Inv. No. 337-TA-732
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN DEVICES HAVING ELASTOMERIC GEL AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain devices having elastomeric gel and components thereof.
The investigation is based on a complaint filed by Interactive Life Forms, LLC, of Austin, TX, on June 30, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain devices having elastomeric gel and components thereof that infringe patents asserted by Interactive Life Forms. 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:
California Exotic Novelties, Inc., of Chino, CA;
Direct Advantage Values Enterprise, Inc., of South San Francisco, CA;
Nanma Manufacturing Co., Limited, of Hong Kong;
Shenzhen Shaki Industrial Co., Ltd., of China;
Pipedream Products, Inc., of Chatsworth, CA;
Tenga Co., Ltd., of Japan;
Vast Resources, Inc., d/b/a Topco Sales of Chatsworth, CA;
Convergence Inc. of Los Angeles, CA;
E.T.C., Inc., d/b/a Eldorado Trading Company, Inc., of Broomfield, CO;
Gigglesworld Corporation of Wappingers Falls, NY;
Honey's Place, Inc., of San Fernando, CA;
Joe Enterprises, Inc., of Phoenix, AZ;
Liberator, Inc., of Carson City, NV;
Nalpac Enterprises, Ltd. d/b/a Nalpac, Ltd. of Ferndale, MI;
Satistec, LLC, of Las Vegas, NV;
Universal Distributor of Santa Clarita, CA;
Williams Trading Co., Inc., of Pennsauken, NJ;
W.T.F.N. Inc. d/b/a Holiday Products of Chatsworth, CA;
Barnaby Ltd., LLC, of San Francisco, CA;
L.F.P., Inc., of Beverly Hills, CA;
LFP Internet Group, LLC of Beverly Hills, CA;
PHE, Inc., of Hillsborough, NC;
Polydigitech Inc. of Schaumberg, IL;
Sawhorse Enterprises, Inc., of San Bruno, CA;
TEG, L.L.C. of Plano, TX; and
Web Merchants Inc. of Jamesburg, NJ.
By instituting this investigation (337-TA-732), 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 six 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.