ITC Institutes Patent Investigation on Certain Rubber Antidegradants, Intermediates and Products Containing the Same
The International Trade Commission has instituted a section 337 patent-based investigation of certain rubber antidegradants, antidegradant intermediates, and products containing the same pursuant to a complaint.
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(The products at issue in this investigation are chemical compounds used in various rubber products, including vehicle tires, to provide protection against degradation caused by exposure to ozone, oxygen, heat, sunlight, and other degradants.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Flexsys America L.P. of St. Louis, Missouri, 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 rubber antidegradants, antidegradant intermediates, and products containing the same that infringe certain claims of U.S. Patent Nos. 5,453,541 and 5,608,111.
The complainant requests 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:
Sinorgchem Co., Shandong, of China;
Korea Kumho Petrochemical Co., Ltd., of South Korea;
Kumho Tire USA, Inc., of Rancho Cucamonga, CA; and
Kumho Tire Co., Inc., of South Korea.
ALJ to Determine if Violation Occurred
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.)
(See ITT's Online Archives or 07/21/06 and 6/11/08 news, 06072115 and 08061145, for BP summaries of the issuance and subsequent rescission of a limited exclusion order on certain rubber antidegradants involving the same complainant and certain respondents.)
ITC contact - Juan Cockburn (202) 205-2572
ITC notice (Inv. No. 337-TA-652, FR Pub 07/10/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-15607.pdf
ITC press release (08-066, dated 07/03/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0703ff2.htm