ITC Rules in Favor of We-Vibe in Vibrator Patent Case

Ariana Rodriguez

OTTAWA — The U.S. International Trade Commission (ITC) has ruled in favor of Standard Innovation, manufacturer of the We-Vibe brand of sexual wellness products, in Investigation No. 337-TA-823, issuing a general exclusion and cease and desist order against all infringing Lelo Inc. products.

The ITC ruling bans the import, 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 Lelo products, including Tiani and Tiani 2 and any other infringing products, including those not named in the investigation.

The ruling can be found here.

“Seeing We-Vibe officially acknowledged as truly innovative and having its patent legally upheld is the best news I can imagine,” said Bruce Murison, inventor of We-Vibe. “More than a decade of my life went into creating this product, and today my family and I can celebrate knowing its uniqueness has been recognized.”

“The We-Vibe team is extremely pleased by the Commission’s ruling,” said Danny Osadca, CEO, Standard Innovation. “We can now get back to what We-Vibe does best, inventing and bringing to market premium, body-safe sexual health products. Thank you to our loyal partners. We greatly appreciate the support you have given us throughout this case. We are also sincerely grateful to the ITC for allowing us to engage in this process.”

The ITC, a U.S. government agency, issued the order 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 the ITC domestic industry requirement is satisfied.

The ITC has not yet released its detailed opinion; however, Standard Innovation says it will comment further upon receipt. The order is subject to a 60-day Presidential review process; however, the President rarely disapproves ITC orders.

Standard Innovation says it will continue to "vigorously pursue legal actions against those parties who attempt to market and sell products that infringe its intellectual property rights." Legal actions for patent infringement remain ongoing in Canadian Federal Court and the U.S. District Court for the Southern District of Texas, where Standard Innovation will seek damages, a remedy not available in the ITC proceeding.

We-Vibe distributors and retailers with any questions or concerns may contact Standard Innovation at we-vibe@standardinnovation.com.

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

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