ITC Institutes Patent Investigation of Protective Phone/Computer Cases
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain protective cases and components thereof, pursuant to a complaint.
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(The products at issue in this investigation are protective cases for electronic devices such as smartphones and tablet computers.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Otter Products LLC of Fort Collins, CO, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain protective cases and components thereof that infringe patents and trademarks asserted by the complainant.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
29 Companies Alleged to Be in Violation of Section 337
The ITC has identified the following as the respondents alleged to be in violation of section 337 in this investigation:
- A.G. Findings and Mfg. Co. Inc. d/b/a Ballistics of Sunrise, FL;
- AFC Trident Inc. of Chino, CA;
- Alibaba.com Hong Kong Ltd. of China;
- Anbess Electronics Co. Ltd. of China;
- Cellairis Franchise Inc. of Alpharetta, GA;
- Cellet Products of Santa Fe Springs, CA;
- DHGate.com of China;
- Griffin Technology, Inc., of Nashville, TN;
- Guangzhou Evotech Industry Co., Ltd., of China;
- Hardcandy Cases LLC of Sacramento, CA;
- Hoffco Brands, Inc., d/b/a Celltronix of Wheat Ridge, CO;
- Hong Kong Better Technology Group Ltd. of China;
- Hong Kong HJJ Co. Ltd. of China;
- Hypercel Corporation of Valencia, CA;
- InMotion Entertainment of Jacksonville, FL;
- MegaWatts Computers, LLC, of Tulsa, OK;
- National Cellular of Brooklyn, NY;
- OEMBargain.com of Wantagh, NY;
- One Step Up Ltd. d/b/a Lifeworks Technology Group LLC of New York, NY;
- Papaya Holdings Ltd. of Hong Kong;
- Quanyun Electronics Co. Ltd. of China;
- ShenZhen Star & Trade Co., Ltd., of China;
- Sinotech Industrial Co., Ltd., of China;
- SmileCase of Windsor Mill, MD;
- Suntel Global Investment Ltd. of China;
- TheCaseInPoint.com of Titusville, FL;
- TheCaseSpace of Fort Collins, CO;
- Topter Technology Co. Ltd. of China; and
- Trait Technology (Shenzhen) Co., Ltd., of China.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
1Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
(Press release dated 06/24/11, Inv. No. 337-TA-780)