On September 11, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Motorized Vehicles and Components Thereof (Inv. No. 337-TA-1132).

By way of background, this investigation is based on an August 1, 2018 complaint filed by FCA US LLC of Auburn Hills, Michigan 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 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. See our August 1, 2018 post for more details on the complaint.

Read More

On September 10, 2018, Fisher & Paykel Healthcare Ltd. of New Zealand (“FPH”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia (collectively, “ResMed”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain obstructive sleep apnea treatment systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315 (the ’315 patent), 9,517,317 (the ’317 patent), 9,539,405 (the ’405 patent), 9,907,925 (the ’925 patent), and 9,974,914 (the ’914 patent) (collectively, the “asserted patents”).

Read More

On September 4, 2018, Hoist Fitness Systems, Inc. of Poway, California (“Hoist”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that TuffStuff Fitness International, Inc. of Chino, California and Shandong Relax Health Industry Co. Ltd. of China (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain strength-training systems and components thereof that infringe one or more claims of U.S. Patent No. 7,549,949 (“the ’949 patent”), 7,563,209 (“the ’209 patent”), 7,594,880 (“the ’880 patent”), 7,654,938 (“the ’938 patent”), and 7,976,440 (“the ’440 patent”).

Read More

On August 31, 2018, ResMed Corp. and ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia (collectively, “ResMed”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Fisher & Paykel Healthcare Limited of New Zealand, Fisher & Paykel Healthcare, Inc. of Irvine, California, and Fisher & Paykel Healthcare Distribution Inc. of Irvine, California (collectively, “FPH” or “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain sleep-disordered breathing treatment masks systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,119,931 (“the ’931 patent”), 9,027,556 (“the ’556 patent”), 9,962,511 (“the ’511 patent”), 9,962,510 (“the ’510 patent”), and 9,937,315 (“the ’315 patent”).

Read More

On August 30, 2018, Autel Robotics USA LLC of Bothell, Washington (“Autel”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that SZ DJI Technology Co. Ltd. of China, DJI Europe B.V. of the Netherlands, DJI Technology Inc. of Burbank, California, iFlight Technology Co. Ltd. of Hong Kong, DJI Baiwang Technology Co. Ltd. of China, DJI Research LLC of Palo Alto, California, DJI Service LLC of Cerritos, California, and DJI Creative Studio LLC of Burbank, California (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain unmanned aerial vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,979,174 (“the ’174 patent”), 9,260,184 (“the ’184 patent”), and 10,044,013 (“the ’013 patent”).

Read More