The International Trade Commission is asking for comments by March 8 on an administrative law judge’s finding of no violation in its Section 337 patent investigation of Apple’s wireless communication devices (337-TA-745). Motorola requested the investigation in 2010, alleging violations by imports of Apple iPhones. After a remand on several issues, an administrative law judge found infringement, but said the patents were obvious based on other patents in combination with the knowledge of a person with ordinary skill in the art.
Laminated woven sacks screen that have three or more colors but are printed with two inks are not circumventing the antidumping and countervailing duty orders on laminated woven sacks from China (A-570-916 / C-570-917), said the International Trade Administration in its final results of a circumvention inquiry.
Steel threaded rod produced by Gem-Year Industrial Co. Ltd. is circumventing the antidumping duty order on imports of the product from China (A-570-932), said the ITA in its final circumvention determination. Gem-Year’s rod meets the AD duty order’s scope requirements in every way except for the amount of chromium, which is above the 1.25 percent threshold specified in the scope. As in the preliminary determination, the ITA found the distinction too minor to support exclusion.
Lamina Packaging Innovations filed a complaint with the International Trade Commission alleging violations of Section 337 by imports of laminated packaging that violate its patents. Products the packaging is used for include liquor, cosmetics, electronics, and toys, although the complaint doesn’t accuse these underlying products of patent infringement if not imported without the packaging at issue. The patented technologies relate to bleached and unbleached layers in paper laminates that provide higher stiffness and are more environmentally friendly. Lamina licenses the technologies to domestic companies. The company is requesting the ITC issue limited exclusion orders and cease and desist orders against import and sale of infringing packaging by the following respondents:
Imports of certain Intel microprocessors, also used by Apple and Hewlett-Packard, do not infringe patents held by X2Y Attenuators, and do not violate Section 337, said the International Trade Commission after reviewing an administrative law judge’s determination. The investigation of “certain microprocessors, components thereof, and products containing same” (337-TA-781) had begun in 2011. The ITC reversed and vacated parts of the ALJ’s decision, but did not reverse the ALJ’s key finding of no patent infringement. The ITC terminated the investigation based on its finding.
The International Trade Administration published notices in the Feb. 21 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The International Trade Administration said it found dumping and illegal subsidization of drawn stainless steel sink imports from China in the final determination of its antidumping investigation. The ITA found AD duty rates of 27.14 percent to 76.53 percent, and CV duty rates of 4.8 percent to 12.26 percent, it said. AD cash deposit rates are slightly lower after adjustment for export subsidies, ranging from 24.12 to 76.45 percent, said the ITA. The ITA will direct CBP to continue to suspend liquidation for AD duty purposes and collect AD cash deposits, but will not suspend liquidation for CV duty purposes at this time because the provisional measures period has expired. The International Trade Commission is set to make its final injury determination by April 5, at which point the ITA will issue AD/CV duty orders if the ITC finds injury.
The International Trade Commission is publishing notices in the Feb. 20 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
Neptun Light filed a petition for an International Trade Commission enforcement proceeding, alleging that MaxLite continued to import and sell infringing dimmable compact fluorescent lamps (337-TA-830) despite a 2012 consent order. According to the complaint, a lawyer representing Neptun was able to order the products online well after the consent order was effective. When the products arrived, they were branded "MaxLite" and said they were made in China, Neptun said. Neptun is requesting a permanent cease and desist order, as well as monetary penalties of the greater of the value of the good, or $100,000, for each day the order has been violated.
The International Trade Commission voted to begin an investigation into whether electronic bark control collars that allegedly infringe Radio Systems Corporation’s patent are in violation of Section 337. According to RSC’s original complaint, two products imported from China and sold in the U.S. by Sunbeam Products, the “Advanced Bark Control Collar” and “Mini Bark Control Collar,” infringe a patent held by RSC. RSC is requesting a limited exclusion order and a cease and desist order prohibiting entry and sale of the bark control collars.