ITC opens Section 337 probe into smart-device patent claims
The U.S. International Trade Commission has launched a Section 337 investigation into allegations that certain imported smart devices infringe five U.S. patents held by Cerence Operating Company (Burlington, MA). The complaint was filed May 6, 2026, with supplements submitted May 12–13. Cerence seeks a limited exclusion order and cease-and-desist orders to block infringing imports. The investigation will determine whether the patents are valid, whether infringement occurred, and whether a domestic industry exists to support relief.
Photo: Tim Witzdam / PexelsITC Launches Patent-Infringement Investigation into Smart Devices
The U.S. International Trade Commission has instituted a Section 337 investigation into alleged patent infringement by certain imported smart devices, following a complaint filed by Cerence Operating Company of Burlington, Massachusetts on May 6, 2026. Supplements were submitted May 12 and May 13, 2026.
Allegations and Patents at Issue
The complaint alleges that imported smart devices, as well as sales-for-importation and post-importation domestic sales, violate section 337 of the Tariff Act of 1930 through infringement of the following U.S. patents:
- U.S. Patent No. 8,306,815 ('815 patent)
- U.S. Patent No. 9,203,972 ('972 patent)
- U.S. Patent No. 8,320,575 ('575 patent)
- U.S. Patent No. 11,929,073 ('073 patent)
- U.S. Patent No. 8,355,484 ('484 patent)
Cerence also alleges that a domestic industry in the United States exists as required by applicable federal statute—a critical threshold for Section 337 relief.
Requested Relief
"The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders."
A limited exclusion order (LEO) would block infringing goods at the U.S. border; cease-and-desist orders would prohibit further sales of infringing products already in the U.S. market.
What This Means for Shippers
If the ITC finds merit in the complaint, importers of the accused smart devices face potential exclusion from the U.S. market. Freight forwarders and customs brokers handling these products must monitor the investigation docket for interim rulings and the final determination. Importers should audit their smart-device supply chains against the five patents listed and consider whether design-around measures or licensing agreements are necessary. Failure to comply with a final LEO or cease-and-desist order can result in seizure of goods at customs and civil penalties. Track the case at the ITC Docket Search and engage legal counsel immediately if your shipments fall within the accused product category.
For tariff classification and duty assessment of the products in question, consult our tool: /hs-codes/search
