Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks

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September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of Monday and Tuesday, September 18th and 19th. The surge brings the total number of complaints pending institution to 13, with the ITC having instituted 35 complaints thus far in calendar year 2017. The ITC may thus institute as many as 48 new investigations as it heads into the final months of 2017, rivaling 2016’s 54 new investigations—2016 was the ITC’s biggest Section 337 institution year since the Smartphone wars of 2011, and it’s third biggest year ever.

Docket No.  Received  Commodity
 3262  9/28/17 Wafer-Level Packaging Semiconductor Devices
 3261  9/28/17 Insulated Beverage Containers, Components, Labels, and Packaging Materials
 3259  9/26/17 Gas Spring Nailers
 3257  9/25/17 Shaving Cartridges
 3256  9/21/17 LED Lighting Devices and LED Power Supplies
 3255  9/19/17 Amorphous Metal
 3254  9/19/17 Reusable Diapers
 3253  9/19/17 Magnetic Data Storage Tapes and Cartridges Containing the Same (II)
 3252  9/18/17 Electrochemical Glucose Monitoring Systems
 3251  9/18/17 Dynamic Random Access Memory Device
 3250  9/14/17 Reusable Diapers [complaint withdrawn]
 3249  9/6/17 Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion Control Systems, Networking Equipment, Safety Devices, and Power Supplies
 3248  9/5/17 Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles
 3247  8/30/17 Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-Esterified Triglyceride Form

Source: U.S. ITC’s “Recent Petitions & Complaints” web page at https://www.usitc.gov/petitions_and_complaints

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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