Buzz Off: ITC Victory for Canadian Vibrator Maker

The U.S. International Trade Commission (ITC) issued a general exclusion and cease and desist order on June 17, in a decision that found 22 vibrator makers, including Lelo Inc., infringed a patent owned by Canadian company Standard Innovation Corporation. The complainant had filed against Lelo at both the ITC and S.D. Tex. on the same day in Nov. 2011. Finnegan partner Christine E. Lehman provided commentary on the ITC decision, noting it is not unusual for companies to file concurrent patent infringement suits. She explained, “actions taken by the ITC are not binding in district courts,” and said the exclusion order issued by the ITC is a “very powerful weapon.” It may result in a settlement because, “unless they can design around this patent, they’re facing a long wait of having products blocked.” Lehman also said the domestic industry considerations in the case are noteworthy. “This decision seems to make it easier to prove a domestic industry, but I think it also reflects the nature of global manufacturing,” adding, “It could be that this decision recognizes that the concept of domestic industry is shifting, and the global realities of that.”