On August 6, 2018, SIPCO LLC of Ashburn, Virginia (“SIPCO”) filed a complaint (part 1, part 2, and part 3) requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Emerson Electric Co. of St. Louis, Missouri, Emerson Process Management LLLP of Bloomington, Minnesota, Emerson Process Management Asia Pacific of Singapore, Emerson Process Management Manufacturing (M) Sdn. Bhd. Of Malaysia, and Fisher-Rosemount Systems, Inc. of Round Rock, Texas, Rosemount Inc. of Shakopee, Minnesota, Analog Devices, Inc. of Norwood, Massachusetts, Linear Technology LLC of Milpitas, California, Dust Networks, Inc. of Union City, California, Tadiran Batteries Inc. of Lake Success, New York, and Tadiran Batteries Ltd. of Israel (collectively, the “Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wireless mesh networking products and related components thereof that infringe one or more claims of U.S. Patent Nos. 6,914,893 (“the ’893 Patent”), 7,103,511 (“the ’511 Patent”), 8,964,708 (“the ’708 Patent”), and 9,439,126 (“the ’126 Patent”) (collectively, the “Asserted Patents”).

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On August 2, 2018, Heineken International B.V. and Heineken Supply Chain B.V. (both of the Netherlands) along with Heineken USA Inc. of White Plains, N.Y. (collectively “Heineken”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Anheuser-Busch InBev S.A. and InBev Belgium N.V. (both of Belgium) along with Anheuser-Busch, LLC of St. Louis, Missouri (collectively, “Anheuser-Busch”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain beverage dispensing systems and components thereof that infringe one or more claims of U.S. Patent No. 7,188,751 (the “’751 patent”). According to the complaint, the ’751 patent relates generally to a drink dispenser and its constituent components.

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On August 1, 2018, FCA US LLC of Auburn Hills, Michigan (“FCA”) filed a complaint (part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Mahindra & Mahindra Ltd. of India and Mahindra Automotive North America, Inc. of Auburn Hills, Michigan (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain motorized vehicles and components thereof that violate common law trade dress and registered trademarks used with and displayed on Jeep®-brand vehicles manufactured and sold by FCA and its predecessors.

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On July 20, 2018, Carl Zeiss SMT GmBH of Germany (“Carl Zeiss”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Nikon Corporation of Japan, Nikon Research Corporation of America, and Nikon Precision Inc., both from Belmont, California (collectively, “Nikon”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain lithography machines and systems and components thereof, that infringe one or more claims of U.S. Patent Nos. 8.902,407 (“the ’407 patent”) and 9,280,058 (“the ’058 patent”) (collectively, “Asserted Patents”).

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On July 17, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) 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 carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent). See our June 12, 2018 post for more details on the complaint.

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