On June 19, 2020, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Rolled-Edge Rigid Plastic Food Trays (Inv. No. 337-TA-1203).

By way of background, this investigation is based on a May 18, 2020 complaint filed by Clearly Clean Products, LLC of South Windsor, Connecticut and Converter Manufacturing, LLC of Orwigsburg, Pennsylvania alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain rolled-edge rigid plastic food trays that infringe one or more claims of U.S. Patent Nos. 9,908,281 and 10,562,680.

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On June 17, 2020, the U.S. International Trade Commission issued press releases announcing the naming of its new Chairman and Vice-Chairman.

According to the press releases, the Commission has named Jason E. Kearns as the Chairman; and Randolph J. Stayin as the Vice Chairman. More information on this topic can be found at the Commission's website here for Chairman Kearns and here for Vice Chairman Stayin.

On June 19, 2020, Novartis Pharma AG of Switzerland; Novartis Pharmaceuticals Corp. of East Hanover, New Jersey; and Novartis Technology LLC of East Hanover, New Jersey (collectively, “Novartis”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Regeneron Pharmaceuticals, Inc. of Tarrytown, New York (“Regeneron”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain pre-filled syringes for intravitreal injection, and components thereof, that infringe one or more claims of U.S. Patent No. 9,220,631.

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On June 22, 2020, the U.S. International Trade Commission issued an update regarding its response to the evolving COVID-19 pandemic.

According to the update, the Commission has extended its COVID-19 Action Plan, enters Phase One and provides an overview of its Three-Phased Plan.  More information on this topic can be found at the Commission's website here.

On June 17, 2020, Hyper Ice, Inc. of Irvine, California (“Hyper Ice”) filed a complaint (part 1, part 2, and part 3) requesting that the ITC commence an investigation pursuant to Section 337.

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