According to Jiwei.com, the China Trade Relief Information Network reported that on March 17, 2021, the U.S. International Trade Commission (ITC) formally launched a 337 investigation into certain portable battery starters and their components.
On January 19, 2021, NOCO Company of Glenwillow, OH filed a 337 investigation application with the U.S. ITC, claiming that the product exported to, imported into, and sold in the United States infringed its patent rights (U.S. registered patent numbers 9,007,015, 10,604,024 and U.S. registered trademark numbers 4,811,656, 4,811,749), and requested the U.S. ITC to issue a limited exclusion order and a cease and desist order.
Arteck Electronic Co., Ltd., FlyLink Tech Co., Ltd., Gooloo Technologies LLC/Shenzhen Gooloo E-Commerce Co., Ltd., Guangdong Boltpower Energy Co., Ltd., Schumacher Power Technology Ltd. and many other Chinese companies were listed as defendants.
The ITC will determine the end date of the investigation within 45 days after the case is filed. Unless the U.S. Trade Representative vetoes the order for policy reasons, the relief order issued by the U.S. International Trade Commission in a 337 case will take effect on the date of issuance and will be final on the 60th day after the date of issuance.
It is reported that the 337 investigation refers to the practice of the US International Trade Commission investigating unfair import practices and taking sanctions in accordance with Section 337 of the US Tariff Act of 1930 (hereinafter referred to as the "337 clause"). If imported products infringe upon valid US intellectual property rights, the intellectual property rights holder (whether it is a US company or a foreign company) can file a 337 investigation application with the ITC and request the ITC to take relevant relief measures.
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