On October 4, 2021, the ITC issued a notice of violation of section 337 and general exclusion order (“GEO”) in Certain Balanced Armature Devices, Products Containing Same, and Components Thereof(Inv. No. 337-TA-1186).

On October 14, 2021, the Commission issued a notice of its final determination finding a violation of section 337 in Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof (Inv. No. 337-TA-1167).

On October 29, 2021, the Commission issued the public version of its opinion affirming, with modifications, the final initial determination (“ID”) of no violation of section 337 in Certain Foodservice Equipment and Components Thereof (Inv. No. 337-TA-1166) based on a lack of domestic industry.

By way of background this investigation was based on a May 30, 2019 complaint filed by Illinois Tool Works, Inc. of Glenview, Illinois; Vesta Global Limited of Hong Kong; Vesta (Guangzhou) Catering Equipment Co., Ltd. of China; and Admiral Craft Equipment Corp. of Westbury, New York (collectively, “Complainants”) alleging violations of section 337 by five Chinese respondents that import and/or sell in the U.S. certain commercial kitchen equipment and components thereof for use in restaurants, bars, cafes, cafeterias, etc. whose manufacture involves the misappropriation of trade secrets and unfair competition through tortious interference with contractual relationships.  On June 4, 2021, Chief ALJ Charles E. Bullock issued the ID finding no violation of section 337 based primarily on his conclusion that Complainants failed to establish the existence of a domestic industry.  See our June 9, 2021 post for more details regarding the ID.

According to the opinion, the Commission agreed with the ID in finding that Complainants’ investments in warranty service activities that they perform themselves in the U.S. may be credited towards the existence of a domestic industry.  Regarding payments made by Complainants to third parties for warranty services provided in the U.S., Respondents and the Commission Investigative Staff (“OUII”) argued that the ID erred by including these expenditures because (1) Complainants did not show that such activities are distinguishable from the activities of a mere importer, and (2) Complainants did not show what portions of the payments to third parties went to qualifying activities by the third parties.  The Commission noted that it has permitted qualifying payments to third parties (such as contractor payments) for warranty services in some prior investigations, but took no position as to either argument because it found that even if the payments to third parties in this investigation are included in their entirety, the Commission agreed with the ID that “Complainants have not shown that the minimal investments in the domestic industry by these entities are quantitatively or qualitatively significant.”  In particular, the ID found (and the Commission agreed) that “Complainants’ estimation of the size of the relevant marketplace is unreliable, and that the only reliable contextual analysis offered in the record was offered by Respondents’ expert, Dr. Vander Veen.”

On October 28, 2021, the Commission issued the public version of its opinion vacating the initial determination (“ID”) in Order No. 10 with respect to the economic prong of the domestic industry requirement in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1196).

On November 10, 2021, the ITC issued a notice of its final determination finding a violation of section 337 in Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof(Inv. No. 337-TA-1200)

On November 18, 2021, the International Trade Commission issued the public version of its opinion affirming a finding of non-infringement in Certain Cloud-Connected Wood-Pellet Grills and Components Thereof (Inv. No. 337-TA-1237).

On December 16, 2021, the ITC issued a notice of issuance of a general exclusion order (“GEO”) and cease-and-desist order (“CDO”) in Certain Percussive Massage Devices(Inv. No. 337-TA-1206).

On January 5, 2022, the Commission issued a notice of its final determination of a violation of section 337 and issuance of a general exclusion order (“GEO”) in Certain Vacuum Insulated Flasks and Components Thereof (Inv. No. 337-TA-1216).

On January 6, 2022, the ITC issued the public version of its opinion affirming (with modifications) ALJ David P. Shaw’s initial determination (“ID”) finding a violation of section 337 in Certain Chemical Mechanical Planarization Slurries and Components Thereof (Inv. No. 337-TA-1204).

On January 14, 2022, the ITC issued the public version of its opinion affirming ALJ Clark S. Cheney’s initial determination (“ID”) finding a violation of section 337 in Certain Light-Emitting Diode Products, Fixtures, and Components Thereof (Inv. No. 337-TA-1213).

On January 26, 2022, the ITC issued the public version of its opinion finding a violation of section 337 in Certain Variable Speed Wind Turbine Generators and Components Thereof(Inv. No. 337-TA-1218).

On February 9, 2022, the Commission issued a notice of its final determination of a violation of section 337 and issuance of a limited exclusion order (“LEO”) and cease-and-desist order (“CDO”) in Certain Movable Barrier Operator Systems and Components Thereof (Inv. No. 337-TA-1209).

On February 15, 2022, the Commission issued notice of its final determination of no violation of section 337 in Certain Electronic Stud Finders, Metal Detectors, and Electrical Scanners(Inv. No. 337-TA-1221).

On February 16, 2022, the Commission issued a notice of its final determination of no violation of section 337 in Certain Filament Light-Emitting Diodes and Products Containing Same (II)(Inv. No. 337-TA-1220).

On March 10, 2022, the ITC issued a notice of its determination to review in part and affirm (with modifications) former Chief ALJ Charles E. Bullock’s final initial determination (“ID”) finding no violation of section 337 in Certain Automated Storage and Retrieval Systems, Robots, and Components Thereof (Inv. No. 337-TA-1228).

On March 14, 2022, the ITC issued a notice of its determination finding no violation of a consent order by Respondents East West Manufacturing, LLC and East West Industries (collectively, “East West”) in Certain Blowers and Components Thereof(Inv. No. 337-TA-1217), and an order remanding the ALJ’s Order No. 36 regarding sanctions in the subsequent enforcement proceeding.

On March 17, 2022, the Commission issued a notice of its final determination of a violation of section 337 and issuance of a general exclusion order (“GEO”) in Certain Electric Shavers and Components and Accessories Thereof(Inv. No. 337-TA-1230).

On March 23, 2022, the ITC issued a notice of its determination finding no violation of section 337 in Certain Digital Video-Capable Devices and Components Thereof (Inv. No. 337-TA-1224).

On April 18, 2022, the ITC issued a notice of its final determination finding a violation of section 337 and a general exclusion order (“GEO”) in Certain Apparatus and Methods of Opening Containers(Inv. No. 337-TA-1255).

On May 13, 2022, the ITC issued its opinion denying Respondent The Chamberlain Group, Inc.’s (“Chamberlain”) motion to deny a stay of the remedial orders pending appeal in Certain Movable Barrier Operator Systems and Components Thereof (Inv. No. 337-TA-1209).