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ITC Issues GEO, C/D Orders Against Cellphone & Tablet Cases that Infringe Patents

The International Trade Commission issued a general exclusion order prohibiting imports of cellular phone and tablet protective cases that infringe patents held by Otter Products, as a result of its Section 337 patent investigation of certain protective cases and components thereof (337-TA-780). ITC also issued cease and desist orders prohibiting domestic respondents Cellet, Hoffco, Hypercel, MegaWatts, National Cellular, SmileCase, TheCaseInPoint, TheCaseSpace, and Griffin from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, protective cases and components thereof that covered by certain patents held by Otter.

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The ITC set bond for the imports during the period of Presidential review at 12.45 percent of entered value for Griffin, and 331.80 percent and 245.33 percent of entered value for imports of tablet and non-tablet cases by the respondents found to have defaulted in the investigation, respectively.1 For all other infringing products, the ITC set bond at 100 percent of entered value.

1The ITC said the following respondents are in default: Anbess, Guangzhou Evotech, Hoffco, HJJ, Sinatech, Suntel, Trait Technology, Papaya, Quanyun, Topter, Cellet, TheCaseSpace, MegaWatts, Hypercel, Star & Way, SmileCase, TheCaseInpoint, and National Cellular.

(See ITT's Online Archives 11062707 for summary of institution of this investigation, and 12090540 for summary of the ITC's request for comments on remedy and bonding.)