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20 July 2020Muireann Bolger

USITC to investigate US and Chinese sports management companies

The  US International Trade Commission (USITC) will investigate the importation of fitness devices by several sports management companies, it announced  in a notice posted on July 16.

The investigation is based on a complaint filed by California-based company  Hyper Ice on June 17, 2020, which was followed by a supplementary brief filed on June 29, 2020.

The company, which makes fitness devices, alleges that the importation and sale of certain  “therapeutic handheld percussive massage devices for applying percussive massage to a person’s body”  infringe three of its patents and violates  section 337 of the Tariff Act of 1930.

The USITC has identified the following companies to be investigated: Addaday, Performance Health Systems, WODFitters Massimo Motor Sports, Kinghood International Logistics, Manybo Ecommerce, Shenzhen Let Us Win-Win Technology, Shenzhen Infein Technology, Hong Kong Yongxu Capital Management, Laiwushiyu Xinuan Trading Company, Shenzhen QingYueTang E-commerce, Shenzhen Shiluo Trading, Kula eCommerce, Fu Si of Shenzhen,  Shenzhen Qifeng Technology, Rechar, Ning Chen, Opove of Azusa, and Shenzhen Shufang E-Commerce.

The USITC’s chief administrative law judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold a hearing. The ALJ will decide whether there is a violation of section 337, which is  subject to review by the commission.

USITC remedial orders in section 337 cases become final 60 days after issuance unless disapproved for policy reasons by Robert Lighthize, the US Trade Representative, within that period.

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Patents
17 July 2020   The Federal Circuit has backed a US International Trade Commission order barring the import of  products that infringe a patent of a toddler mug, according to a ruling by the US Court of Appeals for the Federal Circuit.
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2 May 2017   Motor companies BMW, Toyota and Honda are among those named in a section 337 investigation by the US International Trade Commission.