ITC Institutes Patent Investigation on Certain Bulk Welding Wire Containers, Components and Welding Wire
The International Trade Commission has instituted a section 337 patent-based investigation of certain bulk welding wire containers and components thereof and welding wire pursuant to a complaint.
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(The products at issue in this investigation are used primarily in automated and semi-automated welding applications, such as robotic assembly lines.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of The Lincoln Electric Company of Cleveland, Ohio and Lincoln Global, Inc. of City of Industry, California, 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 bulk welding wire containers and components thereof and welding wire by reason of infringement of certain claims of U.S. Patent Nos. 6,260,781; 6,648,141; 6,708,864; 6,913,145; 7,309,038; 7,398,881; and 7,410,111.
The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Atlantic China Welding Consumables, Inc., of China;
ESAB AB, of Sweden;
Hyundai Welding Co., Ltd., of Korea;
Kiswel Co., Ltd., of Korea; and
Sidergas SpA, of Italy.
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.)
ITC contact - Benjamin Levi (202) 205-2781
ITC notice (Inv. No. 337-TA-686, FR Pub 09/08/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-21542.pdf
ITC press release (No. 09-068, dated 09/02/09) available at http://www.usitc.gov/press_room/news_release/2009/er0902gg1.htm