Three import-export industry groups support the Hitachi Home Electronics (America) petition asking the U.S. Supreme Court to step in and give force back to a 42-year-old federal statute that bars U.S. Customs and Border Protection from dragging its feet on import duty protests (CED Aug 16 p5), the groups said in separate friend-of-the-court briefs. Filing the briefs were the American Association of Exporters and Importers (AAEI), the Customs and International Trade Bar Association (CITBA) and the National Customs Brokers and Freight Forwarders Association (NCBFFA).
Research in Motion appealed the International Trade Commission’s determination that it infringed a patent on cameraphones held by Kodak, according to a Court of Appeals for the Federal Circuit docketing notice. In its investigation of certain mobile telephones and wireless communication devices featuring digital cameras and components thereof (337-TA-703), the ITC found that RIM infringed the patent at issue, but found no violation of Section 337 because of the patent’s obviousness. Kodak also filed an appeal Aug. 7.
The Court of International Trade ruled that CBP correctly classified plaintiff Telebrands Corporation’s PedEgg foot callus remover as other cutlery rather than a pedicure set. Although the device includes both a blade and emery pads to remove excess skin, the PedEgg is not a set because it is a single instrument, CIT said.
The Court of Appeals’ decision in Hitachi Home Electronics (America), Inc. v. United States “not only deprives importers of timely review of protests, but also allows Customs to block their access to judicial review,” said the American Association of Exporters and Importers (AAEI) in an amicus brief in support of Hitachi’s request for a Supreme Court hearing. Hitachi is appealing the October 2011 ruling of the Court of Appeals for the Federal Circuit that the statute does not require CBP to decide customs protests within two years, even though 19 USC 1515(a) says it “shall” do so.
The International Trade Commission is publishing notices in the Sept. 6 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The International Trade Administration revoked, in part, the antidumping duty order on certain cased pencils from China (A-570-827) to exclude novelty pencils shaped like drumsticks from the AD duty order. Effective June 1, 2011, pencils that are shaped like drumsticks, do not contain erasers, and are longer than regular wooden pencils are no longer subject to the AD duty order on cased pencils from China. The ITA made no changes from its preliminary results of changed circumstances review, which recommended partial revocation.
Apple wants a ban on the sale of eight Samsung mobile phones within the U.S., the company said in a filing Monday in the U.S. District Court, San Jose. Apple is seeking a ban on seven phones in Samsung’s Galaxy line, plus Samsung’s Droid Charge, according to the filing, which followed a federal jury’s decision Friday that Samsung infringed on multiple Apple iPhone design and utility patents. The jury awarded Apple more than $1 billion in damages, though that award is not official until U.S. District Judge Lucy Koh renders a final decision on the case at a hearing Sept. 20. Samsung is likely to appeal (WID Aug. 28 p2).
Apple wants a ban on the sale of eight Samsung mobile phones within the U.S., the company said in a filing Monday in the U.S. District Court, San Jose. Apple is seeking a ban on seven phones in Samsung’s Galaxy line, plus Samsung’s Droid Charge, according to the filing, which followed a federal jury’s decision Friday that Samsung infringed on multiple Apple iPhone design and utility patents. The jury awarded Apple more than $1 billion in damages, though that award is not official until U.S. District Judge Lucy Koh renders a final decision on the case at a hearing Sept. 20. Samsung is likely to appeal (CED Aug 28 p2).
Apple wants a ban on the sale of eight Samsung mobile phones within the U.S., the company said in a filing Monday in the U.S. District Court, San Jose. Apple is seeking a ban on seven phones in Samsung’s Galaxy line, plus Samsung’s Droid Charge, according to the filing, which followed a federal jury’s decision Friday that Samsung infringed on multiple Apple iPhone design and utility patents. The jury awarded Apple more than $1 billion in damages, though that award is not official until U.S. District Judge Lucy Koh renders a final decision on the case at a hearing Sept. 20. Samsung is likely to appeal (CD Aug 28 p6).
CBP's ACEopedia for August 2012 describes a "New ACE Development Strategy." The new "Agile-like" strategy allows for the additions of smaller functionalities to ACE and has been used in deploying Simplified Entry (SE), the Document Image System (DIS) and Participating Government Agency (PGA) Interoperability, said CBP. The new strategy was the biggest change between the new ACEopedia and previous versions. The new ACEopedia doesn't mention the departure of Cindy Allen, the current head of the ACE Business Office.