ITC Initiates Patent Investigation on Certain Intermediate Bulk Containers
The International Trade Commission has instituted a section 337 patent-based investigation of certain intermediate bulk containers pursuant to a complaint.
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Complaint Requests Exclusion and Cease & Desist Orders
The complaint, filed on behalf of Schutz Container Systems, Inc. of North Branch, New Jersey and Protechna, S.A. of Fribourg, Switzerland, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain intermediate bulk containers that infringe certain claims of U.S. Patent Nos. 4,909,387, 5,253,777 and 5,673,630.
The complainants request that after the investigation, the ITC issue a permanent 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:
Shanghai Kingtainer Packaging Container Co., Ltd., of China; and
Novus International, Inc., of St. Louis, MO.
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 - Spence Chubb (202) 205-2575
ITC notice (Inv. No. 337-TA-638, FR Pub 03/14/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-5067.pdf
ITC press release (08-024, dated 03/11/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0311ff2.htm