On October 3, 2018, Juul Labs, Inc. of San Francisco, California (“JLI”) 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 electronic nicotine delivery systems and components thereof that infringe one or more claims of U.S. Patent Nos. 10,070,669 (the ’669 patent), 10,076,139 (the ’139 patent), 10,045,568 (the ’568 patent), and 10,058,130 (the ’130 patent) (collectively, the “asserted patents”):

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On October 1, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1134).

By way of background, this investigation is based on an August 31, 2018 complaint filed by ResMed Corp. and ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia 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 sleep-disordered breathing treatment mask 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”). See our August 31, 2018 post for more details on the complaint.

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On October 1, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Strength-Training Systems and Components Thereof (Inv. No. 337-TA-1135).

By way of background, this investigation is based on a September 4, 2018 complaint filed by Hoist Fitness Systems, Inc. of Poway, 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 strength-training systems and components thereof that infringe one or more claims of U.S. Patent Nos. 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”). See our September 4, 2018 post for more details on the complaint.

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On September 27, 2018, Chief ALJ Charles E. Bullock issued Order No. 5 setting the final procedural schedule for an early determination on whether Complainant FCA US LLC of Auburn Hills, Michigan (“FCA”) is contractually barred from asserting its intellectual property against the named respondents in 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 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 and September 11, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

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On September 27, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Unmanned Aerial Vehicles and Components Thereof (Inv. No. 337-TA-1133).

By way of background, this investigation is based on an August 30, 2018 complaint filed by Autel Robotics USA LLC of Bothell, Washington 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 unmanned aerial vehicles and components thereof that infringe one or more claims of U.S. Patent Nos. 7,979,174; 9,260,184; and 10,044,013. See our August 30, 2018 post for more details on the complaint.

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