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ITC Will Not Review Trade Secret Infringement Investigation of Robotic Toys

Thursday, July 25, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined not to review an administrative law judge’s (ALJ) initial determination granting a joint motion to terminate the investigation (337-TA-869) in its entirety and has entered consent orders. Investigation 337-TA-869 was to determine whether imports of certain robotic toy fish that autonomously swim when placed in water, and components thereof, are violating Section 337 of the 1930 Tariff Act by using trade secrets.

On June 3, the complainants Innovation First International Inc., Innovation First Inc. and Innovation First Labs Inc. and respondents, located in Hong Kong, New Zealand, the British Virgin Islands and the U.S., filed a joint motion to terminate the investigation in its entirety. On July 1, the ALJ found there is good cause for terminating the investigation and the termination of the investigation is in the public interest. On July 9, the ALJ issued a corrected version of the subject ID to include the revised versions of the consent orders. The Commission has determined not to review the ID.

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