On February 10, 2009, Humanscale Corporation filed a complaint requesting that the U.S. International Trade Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as amended.

The complaint alleges violations of Section 337 in the importation into the U.S. and/or the sale within the U.S. after importation of certain adjustable keyboard support systems and components thereof. Specifically, the complaint alleges that the “products at the heart of the proposed investigation are keyboard support systems, particularly, ergonomic computer keyboard support systems that are adjustable for minimizing an individual worker’s fatigue and improving efficiency.”

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Oblon, Spivak decided to start this ITC 337 Law Blog in response to the rising interest in section 337 practice and the recognized need for a forum for sharing information relating to this unique type of litigation.  The ITC continues to gain popularity as a preferred forum for intellectual property owners to enforce their rights.

In 2008, the ITC instituted approximately 50 new section 337 investigations – more than a 30% increase from the same time period in 2007.  These numbers represent an upward trend in section 337 filings that we expect to continue in the years to come.

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On February 9, 2009, the U.S. International Trade Commission issued a Notice determining to review in part the final Initial Determination (“ID”) issued by Administrative Law Judge Robert K. Rogers, Jr. on December 1, 2008, in the matter of Certain Self-Cleaning Litter Boxes and Components Thereof (Inv. No. 337-TA-625).

This investigation was instituted on December 28, 2007, based on the complaint of Applica Consumer Products, Inc. of Miramar, Florida and Waters Research Company of West Dundee, Illinois.  The respondents are Lucky Litter, L.L.C. of Chicago, Illinois and OurPet’s Company of Fairport Harbor, Ohio.

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