By Colin Harris
| June 28, 2011
As reported on Oblon’s ITC blog, the U.S. International Trade Commission  (“ITC”) has instituted an investigation in response to a complaint filed by Otter Products, LLC alleging violation of Section 337 in the importation into the U.S. and sale of certain protective cases and components thereof that infringe certain U.S. patents and trademarks.  The complaint identifies twenty-nine respondents, including Alibaba.com and other Chinese and American companies.

The asserted design patents are U.S. Design Patent Nos. D600,908, D617,784, D615,536, D617,785, D634,741, and D636,386.  According to the complaint, these design patents “protect the ornamental features of Otter Products’ unique protective case designs for handheld electronic devices, including smart phones, tablet computers, and other mobile devices.”  Some of the figures from these patents are reproduced below.



 

The following were identified in the complaint as some of the respondents’ protective cases and components thereof:



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