ITC Blog: ITC 337 Update

On September 13, 2011, in Inv. No. 337-TA-650, the Commission issued a general exclusion order following a remand from the Federal Circuit in John Mezzalingua Associates v. Int’l Trade Comm’n, 2011 U.S. App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011).  The Federal Circuit's opinion reversed the Commission’s prior finding of no violation due to no domestic industry. The complainant is John Mezzalingua Associates, Inc., the respondents are GEM Electronics and Fu Ching Technical Industry Co., Ltd., and the technology at issue is coaxial cable connectors.  The general exclusion order prohibits the entry of unlicensed coaxial cable connectors that infringe claims 1 and 5 of U.S. Pat. No. 5,470,257.

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ALJ Rogers issued his Initial Determination in Inv. No. 337-TA-723, Certain Inkjet Ink Cartridges With Printheads and Components Thereof. ALJ Rogers found that Respondents PTC Holdings Limited of Kowloon and Microjet Technology Co., Ltd. infringe the remaining five patents-in-suit. Respondent Asia Pacific Microsystems, Inc. was found not to infringe any of the patents-in-suit. ALJ Rogers found that a domestic industry exists for all patents and all patents had previously been found not invalid on summary determination. Respondent Microjet was found to be in default in a prior Initial Determination. ALJ Rogers recommended a general exclusion order and that bond be set at 100% of the entered value of the imported infringing goods.

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On January 28, 2011, the ITC issued a general exclusion order with respect to claims 6 and 9 of U.S. Patent No. 6,089,687 and claims 1, 5, and 6 of U.S. Patent No. 6,264,301, and a cease and desist order against respondent Mextec Group, Inc. d/b/a Mip America Ltd. of Miami, Florida with respect to the same claims in Inv. No. 337-TA-691, Certain Inkjet Ink Supplies and Components Thereof. These orders are a result of a complaint filed by Hewlett-Packard Company of Palo Alto, California where the seven respondents defaulted.

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The Commission has issued a general exclusion order in 337-TA-678, Certain Energy Drink Products.  After settlement agreements were reached and the investigation terminated as to four respondents on January 20, 2010, the remaining respondents defaulted, and complainants Red Bull GmbH and Red Bull North America sought summary determination and a general exclusion order. The Commission's ruling prohibits the unlicensed entry into the U.S. of energy drink products that infringe Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; 3,479,607; Copyright Registration No. VA0001410959; or any marks or designs that are confusingly similar or misleading as to source or origin.  The Commission also terminated the investigation.

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On March 31, 2010, the Commission issued notice of its determination that a violation of section 337 occurred by Hanjiang Fei Yu Electronics Equipment Factory of China, Zhonguang Electronics of China, Yangzhou Zhongguang Electronics Co. of China and Yangzhou Zhonguage Foreign Trade Co. Ltd. of China with respect to U.S. Patent Nos. 6,558,194, and D519,076 in Inv. No. 337-TA-650, In the Matter of Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same. The Commission determined to issued a general exclusion order and a limited exclusion order, as well as a remand order remanding the portion of the investigation relating to D440,539 to the ALJ for further proceedings. The Commission also determined to extend the target date of the investigation to June 1, 2010. (PDF)

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On September 21, 2009, the Commission issued a notice affirming the initial determination by ALJ Gildea that section 337 was violated, terminating the investigation, and issuing a general exclusion order in Inv. No. 337-TA-643, In the Matter of Certain Cigarettes and Packaging Thereof. (PDF)

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On July 20, 2009, the Commission issued the public version of its June 20, 2009, Order on Remedy, the Public Interest, and Bonding in Inv. No. 337-TA-637, In the Matter of Certain Hair Irons and Packaging Thereof. The Commission determined not to review the ALJ’s finding that there has been a violation of section 337. In the Order the Commission agreed with the ALJ’s findings on remedy that there was a pattern of violation and that it was difficult to identify the source of infringing goods, thus determining that the appropriate remedy was a general exclusion order. The Commission also concluded that the public interest would not be harmed by the general exclusion order.  (PDF)

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