Insights: Alerts Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks
September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of Monday and Tuesday, September 18th and 19th. The surge brings the total number of complaints pending institution to 13, with the ITC having instituted 35 complaints thus far in calendar year 2017. The ITC may thus institute as many as 48 new investigations as it heads into the final months of 2017, rivaling 2016’s 54 new investigations—2016 was the ITC’s biggest Section 337 institution year since the Smartphone wars of 2011, and it’s third biggest year ever.
| Docket No. | Received | Commodity |
| 3262 | 9/28/17 | Wafer-Level Packaging Semiconductor Devices |
| 3261 | 9/28/17 | Insulated Beverage Containers, Components, Labels, and Packaging Materials |
| 3259 | 9/26/17 | Gas Spring Nailers |
| 3257 | 9/25/17 | Shaving Cartridges |
| 3256 | 9/21/17 | LED Lighting Devices and LED Power Supplies |
| 3255 | 9/19/17 | Amorphous Metal |
| 3254 | 9/19/17 | Reusable Diapers |
| 3253 | 9/19/17 | Magnetic Data Storage Tapes and Cartridges Containing the Same (II) |
| 3252 | 9/18/17 | Electrochemical Glucose Monitoring Systems |
| 3251 | 9/18/17 | Dynamic Random Access Memory Device |
| 3250 | 9/14/17 | Reusable Diapers [complaint withdrawn] |
| 3249 | 9/6/17 | Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion Control Systems, Networking Equipment, Safety Devices, and Power Supplies |
| 3248 | 9/5/17 | Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles |
| 3247 | 8/30/17 | Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-Esterified Triglyceride Form |
Source: U.S. ITC’s “Recent Petitions & Complaints” web page at https://www.usitc.gov/petitions_and_complaints
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