OTTOWA, Canada—Standard Innovation Corporation, the manufacturer of the We-Vibe brand of sexual wellness products, announces that on June 30, 2014, the United States International Trade Commission (USITC) issued an advisory opinion that LELO’s Ida and Tara products are outside the scope of the Commission’s General Exclusion Order and Cease and Desist Order.
In June 2013, the USITC banned the importation of infringing LELO products, including the Tiani and Tiani 2. These products infringed Standard Innovation’s valid U.S. Patent No. 7,931,605 (’605 Patent). Subsequently, LELO released the Ida and Tara, and in September 2013, requested an advisory opinion from the USITC on the Ida and Tara.
The issue of whether LELO Ida and Tara products infringe Standard Innovation’s patent, which Standard Innovation maintains to be the case, remains open to be decided on the merits following a complete court trial. Advisory opinions are not binding on district courts. An "advisory opinion” from the USITC offers advice to those who request it as to whether a particular imported product falls within the scope of a previously issued USITC exclusionary order. Also unlike final determinations, which have the weight of conclusive legal findings, advisory opinions are merely advisory and can be revoked by the USITC at any time.
While Standard Innovation is disappointed with the decision and disagrees with the finding that the Ida and Tara products do not infringe Standard Innovation’s ’605 Patent, alternative avenues of relief remain open for what Standard Innovation believes is a continued infringement by LELO. Standard Innovation will continue to enforce its valuable intellectual property rights, including pursuing legal action against those parties who attempt to market and sell infringing products.
The USITC’s prior decision stands that other LELO products, including the Tiani and Tiani 2, directly infringe Standard Innovation’s ’605 Patent. Standard Innovation emphasizes that the General Exclusion Order and Cease and Desist Orders that issued in June 2013 still remain in full effect and Standard Innovation continues to enforce those orders to the full extent permissible by law.
Standard Innovation was represented by Osha Liang LLP and Mayer Brown before the ITC, and Osler, Hoskin & Harcourt as coordinating litigation and intellectual property counsel.
We-Vibe distributors and retailers with any questions or concerns should contact Standard Innovation at [email protected].
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
