Replies to post #23683 on Global Innovative Platforms Inc (GIPL)

[justasupporter]

INTERNATIONAL TRADE COMMISSION
Investigation No. 337-TA-924
Certain Light Reflectors and Components, Packaging, and Related Advertising Thereof
Institution of investigation
AGENCY: U.S. International Trade Commission
ACTION: Notice
SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade
Commission on June 20, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §
1337, on behalf of Sunlight Supply, Inc. of Vancouver, Washington and IP Holdings, LLC of Vancouver,
Washington. An amended complaint was filed on July 11, 2014. A supplement to the amended
complaint was filed on July 18, 2014. The amended complaint alleges violations of section 337 based
upon the importation into the United States, the sale for importation, and the sale within the United States
after importation of certain light reflectors and components, packaging, and related advertising thereof by
reason of infringement of certain claims of U.S. Patent No. 7,641,367 (“the ‘367 patent”); U.S. Design
Patent No. D634,469 (“the ‘469 patent”); U.S. Design Patent No. D644,185 (“the ‘185 patent”); and U.S.
Design Patent No. D545,485 (“the ‘485 patent”), and by reason of infringement of U.S. Trademark
Registration No. 3,871,765 (“the ‘765 trademark”) and U.S. Trademark Registration No. 3,262,059 (“the
‘059 trademark”), and that an industry in the United States exists as required by subsection (a)(2) of
section 337. The amended complaint further alleges violations of section 337 based upon the importation
into the United States, or in the sale of, certain light reflectors and components, packaging, and related
advertising thereof by reason of false advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States.
The complainants request that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative a limited exclusion order exclusion
order, and cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential information contained therein, is
available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade Commission, 500 E Street, S.W., Room 112, Washington, D.C.
20436, telephone [phone]. Hearing impaired individuals are advised that information on this
matter can be obtained by contacting the Commission’s TDD terminal on [phone]. Persons with
mobility impairments who will need special assistance in gaining access to the Commission should
contact the Office of the Secretary at [phone]. General information concerning the Commission
may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this
investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S.
International Trade Commission, telephone [phone].
AUTHORITY: The authority for institution of this investigation is contained in section 337 of the Tariff
Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19
C.F.R. § 210.10 (2014).
SCOPE OF INVESTIGATION: Having considered the amended complaint, the U.S. International
Trade Commission, on August 6, 2014, ORDERED THAT –
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an
investigation be instituted to determine:
(a) whether there is a violation of subsection (a)(1)(B) of section 337 in the importation
into the United States, the sale for importation, or the sale within the United States after importation of
certain light reflectors and components, packaging, and related advertising thereof by reason of
infringement of one or more of claims 1-4 of the ‘367 patent; the claim of the ‘469 patent; the claim of the
‘185 patent; and the claim of the ‘485 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(b) whether there is a violation of subsection (a)(1)(C) of section 337 in the importation
into the United States, the sale for importation, or the sale within the United States after importation of
certain light reflectors and components, packaging, and related advertising thereof by reason of
infringement of one or more of the ‘765 trademark and the ‘059 trademark, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337; and
(c) whether there is a violation of subsection (a)(1)(A) of section 337 in the importation
into the United States, or in the sale of, certain light reflectors and components, packaging, and related
advertising thereof by reason of false advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States;
(2) For the purpose of the investigation so instituted, the following are hereby named as parties
upon which this notice of investigation shall be served:
(a) The complainants are:
Sunlight Supply, Inc.
5408 NE 88th Street
Vancouver, WA 98665
IP Holdings, LLC
5408 NE 88th Street
Vancouver, WA 98665
(b) The respondents are the following entities alleged to be in violation of section 337,
and are the parties upon which the amended complaint is to be served:
Sinowell (Shanghai) Co., Ltd.
Rm 802, Bld 2, No. 335, Guoding Road
Shanghai, 200433 China
Sinohydro Ltd.
Unit D 16F Cheuk Nang Plaza
250 Hennessy Road
Wanchai, Hong Kong
China
Groco Enterprises, LLC
1454 127th Place NE
Bellevue, WA 98005
Good Nature Garden Supply
6290 Folsom Boulevard
Sacramento, CA 95819
Aqua Serene, Inc.
2836 W. 11th Avenue
Eugene, OR 97402
Aurora Innovations, Inc.
29862 E. Enid
Eugene, OR 97402
Big Daddy Garden Supply, Inc.
310 Mason Street
Ukiah, CA 95482
Bizright, LLC
15320 Valley Boulevard
City of Industry, CA 91746
The Hydro Source II, Inc.
11760 E. Slauson Avenue
Santa Fe Springs, CA 90670
Insun, LLC
1407 116th Avenue NE, Suite 102
Bellevue, WA 98004
Lumz’N Blooms, Ltd. Corp.
174B Semoran Commerce Place #116
Apopka, FL 32703
Parlux LP
7522 187th Drive SE
Snohomish, WA 98290
Silversun, Inc.
11718 Hunter Lane NW
Gig Harbor, WA 98332
Zimbali Group, Inc.
2913 129th Avenue SE
Bellevue, WA 98005
(c) The Office of Unfair Import Investigations, U.S. International Trade Commission,
500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
(3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International
Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the amended complaint and the notice of investigation must be submitted by the
named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and
Procedure, 19 C.F.R. § 210.13. Pursuant to 19 C.F.R. §§ 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after the date of service by the
Commission of the amended complaint and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will not be granted unless good cause
therefor is shown.
Failure of a respondent to file a timely response to each allegation in the amended complaint and
in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the
amended complaint and this notice, and to authorize the administrative law judge and the Commission,
without further notice to the respondent, to find the facts to be as alleged in the amended complaint and
this notice and to enter an initial determination and a final determination containing such findings, and
may result in the issuance of an exclusion order or a cease and desist order or both directed against the
respondent.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: August 7, 2014
[FR Doc. 2014-19045 Filed 08/11/2014 at 8:45 am; Publication Date: 08/12/2014]