STOCKHOLM/SAN JOSE — The U.S. International Trade Commission (ITC) on June 30 cleared LELO’s Ida and Tara couples’ massagers of any infringement on Standard Innovation Corporation’s "605" patent.
With the ruling, the ITC declared that these new products “developed by LELO are not covered by the general exclusion order and cease and desist order against LELO, Inc. issued in the underlying investigation."
Standard Innovation Corporation, the maker of the We-Vibe, had asked the ITC to include LELO’s new products in its importation ban as infringing its patent but the ITC disagreed, removing all questions regarding the legality of importation of LELO’s Ida and Tara products into the United States.
LELO wishes to inform all U.S. retailers and distributors that they should consult their legal counsel if they need further confirmation.
The ITC proceedings regarding Ida and Tara began on Sept. 30, 2013, when LELO pre-empted possible actions from Standard Innovation. LELO then filed a request with the Commission asking for the institution of an advisory opinion to declare that its new kinesio-therapy devices, Ida and Tara, are not covered by the importation ban against the LELO Tiani. The Commission concluded on June 30 that LELO met its burden of showing non-infringement.
LELO indicated it respects and acknowledges the importation ban on Tiani in U.S. territories that remains in place subject to LELO’s appeal. In addition, LELO has challenged the validity of the “605” We-Vibe patent in the U.S. Patent and Trademark Office.
LELO is also taking this opportunity to reassert its strong commitment to a pending case against Standard Innovation in the District Court in California, which claims the We-Vibe 2, We-Vibe 3 and We-Vibe 4 products infringe LELO’s own patent for inductive charging massagers.
The ITC’s notice can be found in the June 30 Federal Register available here. LELO distributors and retailers who may have questions regarding the ongoing case are invited to contact legalteam@lelo.com.
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