IPR Enforcement: Consumer Electronic Devices, Pool Enclosures, Collapsible Sockets
New Petitions Filed. The International Trade Commission has received petitions requesting that it institute Section 337 investigations of the following products.
- consumer electronic devices, including televisions, gaming consoles, mobile phones, tablets, and network-enabled DVD and Blu-ray players (filed May 9 on behalf of ARRIS Enterprises LLC; proposed respondents located in Japan and the U.S.)
- pool and spa enclosures (filed May 10 on behalf of Aqua Shield Inc.; proposed respondents located in Czech Republic, Slovakia, and the U.S.)
Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted.
The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.
Collapsible Sockets. The ITC has instituted investigation 337-TA-1056 to determine whether imports of collapsible sockets for mobile electronic devices and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.
Complainant PopSockets LLC requests that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Hong Kong and China.