ITC Initiates Patent Investigation on Certain Refrigerators and Components Thereof
The International Trade Commission has instituted a section 337 patent-based investigation of certain refrigerators and components thereof pursuant to a complaint.
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Complaint Requests Exclusion and Cease & Desist Orders
The complaint, as supplemented and filed on behalf of Whirlpool Patents Company of St. Joseph, Michigan; Whirlpool Manufacturing Corporation of St. Joseph, Michigan; Whirlpool Corporation of Benton Harbor, Michigan; and Maytag Corporation of Benton Harbor, Michigan, alleges violations of section 337 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain refrigerators and components thereof that infringe certain claims of U.S. Patent Nos. 6,082,130; 6,810,680; 6,915,644; 6,971,730; and 7,240,980.
The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
LG Electronics, Inc., of South Korea;
LG Electronics, USA, Inc., of Englewood Cliffs, NJ; and
LG Electronics Monterrey Mexico, S.A., DE, CV, of Mexico.
Determination of Violation to be Made by ALJ, Reviewed by ITC
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Rett Snotherly (202) 205-2599
ITC notice (Inv. No. 337-TA-632, FR Pub 02/26/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-3575.pdf
ITC press release (08-013, dated 02/21/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0221ff1.htm