Insights: Alerts Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks

Written by Matthew J. Meyer

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3250 9/14/17 Reusable Diapers [complaint withdrawn]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

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Matthew J. Meyer

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