On December 10, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Electronic Nicotine Delivery Systems and Components Thereof (Inv. No. 337-TA-1139).

By way of background, this investigation is based on a October 3, 2018 complaint filed by Juul Labs, Inc. of San Francisco, California 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 electronic nicotine delivery systems and components thereof that infringe one or more claims of U.S. Patent Nos. 10,070,669; 10,076,139; 10,045,568; and 10,058,130. See our October 3, 2018 post for more details on the complaint.

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On December 7, 2018, Extang Corp. and Laurmark Enterprises, Inc. d/b/a BAK Industries (collectively, “Complainants”)—both of Ann Arbor, Michigan—filed a complaint (part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain pickup truck folding bed cover systems and components thereof that infringe one or more claims of U.S. Patent Nos. D620,877 (the ’877 patent), 7,188,888 (the ’888 patent), 7,484,788 (the ’788 patent), 8,061,758 (the ’758 patent), 8,182,021 (the ’021 patent), and 8,690,224 (the ’224 patent) (collectively, the “asserted patents”), as well as U.S. Trademark Nos. 5,104,393 (the ’393 trademark) and 3,904,016 (the ’016 trademark) (collectively, the “asserted trademarks”):

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On November 26, 2018, ALJ Dee Lord issued Order No. 4 in Certain Semiconductor Lithography Systems and Components Thereof (337-TA-1137).

By way of background, this investigation is based on a September 12, 2018 complaint filed by ASML Netherlands B.V. of the Netherlands, ASML US, L.P. of Chandler, Arizona, and ASML US, LLC of Chandler, Arizona 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 semiconductor lithography systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,295,283; 7,403,264; and 9,188,880. See our September 12, 2018 and October 10, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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On November 21, 2018, ALJ Clark S. Cheney issued Order No. 5 in Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand 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 obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 and October 8, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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On November 19, 2018, Juul Labs, Inc. (“Juul”) of San Francisco, California filed a complaint (part 1, part 2, part 3, and part 4) requesting that the U.S. International Trade Commission (“Commission”) commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain cartridges for electronic nicotine delivery systems that infringe one or more claims of U.S. Patent No. 10,058,129 (“the ’129 patent”); U.S. Patent No. 10,104,915 (“the ’915 patent”); U.S. Patent No. 10,111,470 (“the ’470 patent”); U.S. Patent No. 10,117,465 (“the ’465 patent”); and U.S. Patent No. 10,117,466 (“the ’466 patent”) (collectively, “the asserted patents”):

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