OTTAWA, Ontario—Judge Thomas Pender of the United States International Trade Commission today released his initial determination in the investigation by the ITC under Section 337 to determine whether certain LELO Inc. products, including the Tiani, Tiani 2, and Mahana, infringe more than 60 claims of Standard Innovation’s U.S. Patent No. 7,931,605.
Standard Innovation Corporation, the manufacturer of the We-Vibe family of sexual wellness products, announced Judge Pender found Standard Innovation’s patent was infringed by all three LELO products, and that the patent is valid. This decision affirms the value of Standard Innovation’s intellectual property.
Judge Pender did not find Standard Innovation met the ITC’s domestic industry requirement, however. Standard Innovation will seek to have that aspect of the decision reviewed and reversed by the ITC. The domestic industry criteria require that a company filing a complaint with the ITC meet a certain threshold of commercial activity in the US. Standard Innovation is confident regarding the merits of its petition for review on the domestic industry issue.
The ITC provides a unique forum, and extremely fast process, by which companies such as Standard Innovation may ensure that their valuable intellectual property rights are protected. In addition, the ITC has the power to issue a general exclusion order which would prohibit all infringing products as well as counterfeit products from being imported into the United States, protecting the health and wellness of its citizens from products that are not manufactured according to Standard Innovation’s high standards. Standard Innovation was pleased to participate in this process.
In addition to the ITC investigation, actions for patent infringement seeking damages and other relief against Lelo, and other parties that sell and distribute products accused of infringement, remain ongoing in Canada and the United States.
Standard Innovation will continue to vigorously pursue legal actions against those parties who attempt to market and sell products that are alleged to infringe its valuable intellectual property rights.
Standard Innovation was represented by Osha Liang LLP and Mayer Brown before the ITC, and Osler, Hoskin & Harcourt LLP as coordinating litigation and intellectual property counsel.
