Comments to the International Trade Commission are due by Sept. 27 in a potential Section 337 investigation on raised garden beds, according to a notice to be published in the Sept. 19 Federal Register. The potential case follows a Sept. 12 complaint by Vego Garden, which alleged that Huizhou Green Giant Technology, Utopban International Trading, Utopban Limited, Kinghood International Logistics, VegHerb, The Hydro Source, and Quanzhou Jieliya Trading infringed on copyrights held by Vego and misappropriated trade secrets. Vego seeks a permanent limited exclusion order barring raised garden beds and components developed using Vego's trade secrets, along with cease and desist orders against the respondents.
In the Sept. 14 Customs Bulletin (Vol. 56, No. 36), CBP published a proposal to revoke two rulings and modify two rulings on mattress covers and revoke one ruling and modify five rulings on pipe fittings.
The International Trade Commission has opened two Section 337 investigations on imported audio players and components (ITC Inv. No. 337-TA-1329, -1330). The investigations follow two separate complaints, filed Aug. 9 by Google, which alleged that Sonos' audio players infringed on seven of Google's patents covering speech recognition and hot word detection on multiple devices (see 2208120036). Sonos asked the ITC to merge the complaint with another by Google, which alleged infringement of four separate patents. Alternatively, Sonos asked the commission to consolidate the resulting investigations if and when they are instituted, arguing “significant overlap” between the two complaints (see 2208240043). The commission has so far declined to do so, assigning a separate administrative law judge to each case. The investigation is the latest in a series of ITC and court battles between Google and Sonos.
Comments are due to the International Trade Commission by Sept. 23 in a potential case on automated storage and retrieval systems and automated put walls. New Jersey-based warehouse automation company OPEX filed a complaint with the ITC on Sept. 9, alleging Chinese company HC Robotics and Pennsylvania-based Invata imported merchandise, namely the Omnisort and its associated vehicles, that infringed on two of OPEX's patents. The patents cover software systems for automated sorting and retrieval of warehouse items. OPEX has asked the ITC to issue a limited exclusion order, barring all of the respondents’ automated put walls and automated storage and retrieval systems, associated vehicles, associated control software and component parts thereof that infringe on at least one valid claim of at least one patent as well as cease and desist orders against both respondents.
CBP hopes that its 19 CFR 111 customs broker modernization final rule will go for publication "at any moment," and it will hold "multiple webinars" on the new regulations, which are set to eliminate district permits, to provide details on the rule as it is published, CBP Deputy Commissioner Troy Miller said at the Sept. 14 meeting of the Commercial Customs Operations Advisory Committee.
The International Trade Commission has issued a limited exclusion order blocking the importation of plant-derived recombinant human serum albumins (rHSA) (ITC Inv. No. 337-TA-1238). The case began with a December 2020 complaint by Ventria Bioscience that alleged infringement of two of its patents by Wuhan Healthgen and its domestic distributors (see 2012230089). The investigation found that only one of the patents, covering improvements to cell culture growth methods, was infringed upon. Administrative Law Judge MaryJoan McNamara in April found a violation and recommended a limited exclusion order and a cease and desist order against Wuhan Healthgen. In June, the commission determined to review the final initial determination in its entirety (see 2206090007) and voted to extend the investigation beyond its Aug. 8 completion date before finally ruling on Sept. 12. "This case epitomizes the importance of the ITC, particularly for small but innovative American manufacturers seeking protection from unfair foreign competition," said Beau Jackson of Husch Blackwell, attorney for Ventria.
The International Trade Commission has issued a limited exclusion order blocking the importation of certain electrical connectors and cages and components thereof (ITC Inv. No. 337-TA-1241). The case began with a December 2020 complaint by Amphenol that alleged infringement of five of Amphenol's patents by Luxshare (see 2101210042). The investigation found that Luxshare violated one of the patents at issue. Administrative Law Judge Monica Bhattacharyya in March found a violation and recommended a limited exclusion order and a cease and desist order against Luxshare (see 2203310006).
The International Trade Commission is seeking public interest comments raised by possible limited exclusion and cease-and-desist orders stemming from a Section 337 Investigation on silicon photovoltaic cells and modules with nanostructures (ITC Inv. No. 337-TA-1271).
Customs brokers don't need to receive duties directly from an importer and can receive funds from a middleman, CBP said in a ruling issued Aug. 25 and released by the agency Sept. 6 (HQ H318461). The decision followed a request from World Customs Brokerage (WCB) for a binding ruling regarding broker relations with unlicensed persons. Both WCB and freight forwarder World Courier, Inc. (WCI) are subsidiaries of AmerisourceBergen Corporation, and WCI often forwards imports to WCB for customs brokerage services and bills and receives payment through WCI.
The International Trade Commission has begun an official Section 337 investigation on imported robotic pool cleaners (Inv. No. 337-TA-1326), according to a notice released Aug. 31. The case follows a July 29 complaint by Zodiac Pool Systems (ZPS) and Zodiac Pool Care Europe (ZPCE) concerning pool cleaners (see 2208030026). Zodiac alleges that Wybotics, Tianjin Pool & Spa and Aiper are importing products that infringe on two of ZPCE's patents on wheel-driven brush pool cleaners and dual-shell-type filter cleaners, which allow operators to empty the filter without getting dirty, the complaint said. Zodiac has asked the ITC to institute a limited exclusion order and cease and desist orders against the respondents.