Deny the patent infringement investigation SkyBell and EyeTalk365 seek on video doorbells and IP cameras from Vivint, SimpliSafe and Arlo Technologies because the seven communications and monitoring systems patents are “invalid,” commented SimpliSafe and Arlo (login required) in International Trade Commission docket 337-3517. Tuesday was the deadline for comments. Two of the three proposed respondents argued for the case to be thrown out or decided expeditiously. No Vivint filing was posted Wednesday. The complainants didn’t respond to questions.
The procedural stalemate in the Section 301 lawsuits inundating the U.S. Court of International Trade is traceable to Chief Judge Timothy Stanceu and his staff “really looking at everything very carefully,” Grunfeld Desiderio partner Ned Marshak said in an interview. His firm has filed about 800 of the 3,700 complaints, including a case filed Jan. 6 on behalf of flooring company R.A. Siegel based on a two-year statute of limitations running from a 2019 date of liquidation. All the complaints seek to vacate the lists 3 and 4A tariff rulemakings and get the duties refunded. Most of the actions based timeliness within the two-year statute of limitations dating to when List 3 was published in the Federal Register or when the tariffs took effect on Sept. 24, 2018. Fewer based the two-year window on dating to when List 3 tariffs were first paid.
The International Trade Commission should deny the Tariff Act Section 337 patent infringement investigation that SkyBell Technologies, SB IP Holdings and EyeTalk365 seek on video doorbells and IP cameras from Vivint Smart Home, SimpliSafe and Arlo Technologies (see 2012250001) because all seven of the asserted communications and monitoring systems patents are “invalid,” commented SimpliSafe and Arlo (logins required) Tuesday in docket 337-3517.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 28 - Jan. 3:
International Trade Today is providing readers with some of the top stories published in 2020 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
The Solar Energy Industries Association and several solar importers filed a lawsuit Dec. 29 seeking to invalidate a recent presidential proclamation reimposing solar safeguard duties on bifacial panels and upping the safeguard tariffs on all imported solar cells. Joined by Invenergy Renewables, NextEra Energy and EDF Renewables, the SEIA says President Donald Trump failed to follow the requirements of the safeguard laws when he issued the proclamation in October.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 21-27:
Jay Winegard, the legally deaf Queens, New York, resident responsible for filing dozens of Americans with Disabilities Act lawsuits against various enterprises since July 2019, is now targeting CTA in U.S. District Court in Brooklyn with his first known ADA complaint against a trade association. All of Winegard's suits allege inaccessibility to online content through lack of closed captioning or other assistive measures violates the ADA rights of those with hearing disabilities.
Glue manufacturer Chemence and its President James Cooke will pay $1.2 million to the Federal Trade Commission as part of a settlement in the use of deceptive “Made in USA” advertising claims, the FTC said in a Dec. 22 news release. The FTC said it is “the highest monetary judgment ever for a Made in USA case.” The agency said the company's marketing violated an FTC order that was a result of a previous settlement over the same issue after the agency sued Chemence (see 1602030032).
Metal importers and a senior Republican staffer in the House of Representatives agreed that the Commerce Department's revisions to its Section 232 exclusions process are somewhat of an improvement, but they diverge in their opinions of how helpful the changes will be for the industry. The revisions were announced in an interim final rule published Dec. 14 (see 2012100047); some elements have already taken effect, and others take effect Dec. 29. However, the agency is still accepting comments on the revisions through Feb. 12, 2021.