Lifetime Takes Shot At Russell in the ITC During District Court Timeout

Lifetime Takes Shot At Russell in the ITC During District Court Timeout

As we’ve previously reported here, 2016 saw a significant increase of ITC Section 337 investigations over prior years. The last complaint of the year was filed on December 30, 2016, by Lifetime Products, Inc. (“Lifetime” or “Complainant”) against Russell Brand LLC d/b/a Spalding (“Russell”) and Reliable Sports Equipment (Wujiang) Co. Ltd (“Reliable”) (collectively, “Respondents”). In the Matter of Certain Basketball Backboard Components and Products Containing the Same, Complaint 337-TA-____ (Dkt. 3191). Lifetime is asking ITC to issue a Limited Exclusion Order (LEO) and permanent cease and desist orders against the Respondents.

ITC Sees Resurgence of Section 337 Complaints in 2016

ITC Sees Resurgence of Section 337 Complaints in 2016

Sixty new Section 337 related complaints were filed at the ITC in 2016—a 50% increase over the previous year. This marks a reversal of a trend that saw a reduction of complaints from seventy-two in 2011 to only forty in 2015. The sixty complaints in 2016 included fifty-four for new violation proceedings, one request each for an advisory opinion and modification of remedial orders, and four enforcement actions.