Osha Liang LLP: Standard Innovation Wins ITC Intellectual Property Dispute

HOUSTON, June 19, 2013 /PRNewswire/ — Standard Innovation, a manufacturer of the We-Vibe® brand of sexual wellness products, prevailed in an intellectual property dispute before the U.S. International Trade Commission (ITC), Osha Liang LLP said today.

The ITC issued a final determination affirming findings by the Administrative Law Judge (ALJ) that Standard Innovation’s patent was valid and infringed. In Investigation No. 337-TA-823, the Commission reversed the ALJ’s initial determination regarding domestic industry, and concluded that Standard Innovation’s economic activities in the United States satisfied the ITC’s domestic industry requirement.

The ITC issued a general exclusion order against all infringing kinesiotherapy devices and their components. The Commission’s ruling bans the importation, sale, marketing, advertising, distribution, offer for sale, transfer (except for exportation), and solicitation of U.S. agents or distributors in the United States for all infringing products, including Lelo’s Tiani and Tiani 2. The ruling also extends to other infringing products, including products not originally named in the investigation but subsequently released by Lelo and/or its affiliates, such as, for example Lelo’s Noa and Intimina’s Kalia.

Standard Innovation was represented by attorneys from Osha Liang LLP and Mayer Brown LLP before the ITC, and Osler, Hoskin & Harcourt LLP acting as worldwide coordinating litigation and intellectual property counsel.

Osha Liang partner Robert Lord said, “This victory protects the ingenuity and innovation ofStandard Innovation’s flagship product, and it reflects the company’s perseverance to reach a just and proper result. The ruling vindicates their valuable intellectual property rights and provides further clarification on the ITC’s domestic industry requirement, which has implications for complainants who seek to avail themselves of the ITC’s remedial powers in the future.”

The ITC also issued cease and desist orders against respondents LELO Inc. of San Jose, Calif.; PHE, Inc. d/b/a Adam & Eve of Hillsborough, N.C.; Nalpac Enterprises, Ltd. of Ferndale, Mich.; E.T.C. Inc. (d/b/a Eldorado Trading Company, Inc.) of Broomfield, Colo.; Williams Trading Co., Inc. of Pennsauken, N.J.; Honey’s Place Inc. of San Fernando, Calif.; and Lover’s Lane & Co. of Plymouth, Mich. The cease and desist orders essentially requires the named respondents to clear their shelves of infringing products currently held in the United States.

The ITC issued the general exclusion and cease and desist orders following its final determination that Standard Innovation’s U.S. Patent No. 7,931,605 is valid, that certain Lelo Inc. products, including Tiani and Tiani 2, infringe more than 65 claims of that patent, and that Standard Innovation satisfies the ITC domestic industry requirement.