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USITC Issues Advisory Opinion in We-Vibe vs. LELO Suit

USITC Issues Advisory Opinion in We-Vibe vs. LELO Suit
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Jul 3, 2014 1:45 PM PDT    Text size: 

OTTAWA, Ontario — Standard Innovation Corporation, the manufacturer of the We-Vibe brand of sexual wellness products, announces that on June 30, the U.S. 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, citing infringement of Standard Innovation’s 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’s 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,” the company said in a press release. “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.”

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 may contact Standard Innovation at legal@standardinnovation.com.

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