The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain kinesiotherapy devices and components thereof.
The investigation is based on a complaint filed by Standard Innovation Corporation of Canada and Standard Innovation (US) Corp. of Alexandria, VA, on December 2, 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 kinesiotherapy devices 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:
LELO Inc. of San Jose, CA;
Leloi AB of Sweden;
LELO of China;
Natural Contours Europe of the Netherlands;
Momentum Management, LLC, a.k.a. Bushman Products of Torrance, CA;
Evolved Novelties, Inc., of Canoga Park, CA;
Nalpac Enterprises, Ltd. d/b/a Nalpac, Ltd., of Ferndale, MI;
E.T.C., Inc. d/b/a Eldorado Trading Company, Inc., of Broomfield, CA;
Williams Trading Co., Inc., of Pennsauken, NJ;
Honey's Place, Inc., of San Fernando, CA;
Lover's Lane & Co. of Plymouth, MI;
PHE, Inc. d/b/a/ Adam & Eve of Hillsborough, NC;
Castle Megastore Group, Inc., of Tempe, AZ;
Shamrock 51 Management Company, Inc., of Maitland, FL;
Paris Intimates, LLC, of West Bloomfield, MI;
Drugstore.com, Inc., of Bellevue, WA;
Peekay, Inc., of Auburn, WA;
Mile Inc. d/b/a Lion's Den Adult of Worthington, OH;
Marsoner, Inc. d/b/a Fascinations of Chandler, AZ;
Love Boutique-Vista, LLC d/b/a Deja vu of Vista, CA; and
Toys in Babeland LLC of Seattle, WA.
By instituting this investigation (337-TA-823), 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.