WASHINGTON — The U.S. International Trade Commission’s general exclusion and cease and desist order for LELO’s Tiani and Tiani 2 goes into effect on Aug. 17.
Following the ITC’s ruling in favor of Standard Innovation Corp. on June 17, the order was subjected to a 60-day presidential review process during which importation of items subject to a Commission order is allowed under bond.
On Aug. 16 the 60-day review period comes to a close and ITC’s ruling becomes final — banning the import, sale, marketing, advertising, distribution, offer for sale, transfer (except for exportation), and solicitation of U.S. agents or distributors in the U.S. for all infringing LELO products, including Tiani, Tiani 2, and any other infringing products, including those not specifically named in the investigation.
According to the U.S. Legal Code, "Any person who violates an order issued by the Commission under paragraph (1) after it has become final shall forfeit and pay to the United States a civil penalty for each day on which an importation of articles, or their sale, occurs in violation of the order of not more than the greater of $100,000 or twice the domestic value of the articles entered or sold on such day in violation of the order."
In response to the ban’s enactment, LELO issued the following statement to XBIZ: “LELO is firmly committed to expanding its presence in the couples' massager segment. LELO respects intellectual property rights and will comply with the order from the ITC Commission to stop imports of Tiani to the U.S. market, but disagrees that its products infringe any rights of Standard Innovation.
“The ITC Commission already determined that the Picobong Mahana does not infringe Standard Innovation's patents. LELO is confident that the U.S. courts reviewing the ITC decision will also clear the Tiani products. By contrast, Standard Innovation's We-Vibe 3 products are likely to be found to infringe LELO's intellectual property in LELO's litigation against Standard Innovation in California.
“LELO will continue to defend its customers' right to competition and access to LELO's products in the U.S. market and will continue to innovate and provide high quality couples' massagers to its customers.”
The decision only affects the U.S. market and is also subject to review by the United States Court of Appeals for the Federal Circuit.
Currently, LELO is pursuing litigation in federal district court in California against Standard Innovation and its We-Vibe 3 product for infringement of one of LELO’s patents.
