notice Published 2025-12-23

Certain Open-Ear Earpiece Devices; Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into certain open-ear earpiece devices over alleged patent infringement, which could eventually lead to import exclusion orders affecting these products.

What changed: According to the notice, the ITC instituted an investigation based on a complaint filed by Bose Corporation alleging that the importation and sale of certain open-ear earpiece devices infringe several U.S. patents. The notice states the complainant requests a general exclusion order, or alternatively a limited exclusion order, plus cease and desist orders. No determination has been made yet — the notice reflects only the institution of an investigation.

Who's affected: The notice names "certain open-ear earpiece devices." It cites six patents: the '469, '313, '442, '132, '984, and D103 (design) patents. No HTS codes or countries of origin are specified in the notice; a general exclusion order, if issued, could reach products regardless of source.

What to review:
- Review whether your products fall within the "open-ear earpiece devices" category described in the complaint.
- Check with counsel whether the cited patents may be relevant to your products' features or design.
- Confirm with your customs broker how a potential general or limited exclusion order could affect future entries.
- Review the docketed complaint and any published notice of investigation for scope and party details.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 23, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bose Corporation of Framingham, Massachusetts. Supplements to the complaint were filed on November 20 and 24, 2025, and December 4 and 9, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain open-ear earpiece devices by reason of the infringement of certain claims of U.S. Patent No. 11,140,469 ("the '469 patent"); U.S. Patent No. 11,659,313 ("the '313 patent"); U.S. Patent No. 11,997,442 ("the '442 patent"); U.S. Patent No. 12,356,132 ("the '132 patent"); U.S. Patent No. 12,155,984 ("the '984 patent"); and U.S. Patent No. D1,051,103 ("the D103 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Source: Federal Register · International Trade Commission · Read the official notice ↗

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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.