ITC Institutes Patent Investigation on Dual Access Locks and Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain dual access locks and products containing same pursuant to a complaint.
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(The products at issue in this investigation are known as "TSA locks" and are designed so that they can be opened with a master key by security personnel at an airport should it be deemed necessary to open the locked baggage for further screening.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Safe Skies, LLC of Brooklyn, New York and David Tropp of Brooklyn, New York, 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 dual access locks and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 7,021,537 and 7,036,728.
The complainants request that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
C&C Luggage Manufacturing Co., Ltd., of China;
Diplomat of Taiwan;
Hangzhou Gema Suitcases & Bags Co. Ltd. of China;
La Pearl Luggage and Leather Goods Co., Ltd., of China;
Hinomoto Jomae, Ltd., of Japan;
Sinox Company, Ltd., of Taiwan;
Yi Feng Manufacturing Co., Ltd., of China;
Jin Tay Industries Co., Ltd., of Taiwan;
FULLYEAR-Brother Enterprise Co., Ltd., of Taiwan;
Zhuhai SkyGood Tech. Industrial Corp., Ltd., of China;
Ningbo Xianfeng Art & Craft Co., Ltd., of China;
Paloma Enterprises Co., Ltd., of Taiwan;
Tekraft Industrial Co., Ltd., of Taiwan;
Hangzhou Travelsky Co., Ltd., of China;
The Sun Lock Company, Ltd., of Hong Kong;
Alloy Metal Manufactory, Ltd., of Hong Kong;
Cometform, Ltd., of England;
Design Go Ltd. of England;
Franzen International of Germany; and
M-Power Lock Manufactory of Hong Kong.
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 - Rett Snotherly (202) 205-2599
ITC notice (Inv. No. 337-TA-689, FR Pub 10/21/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25245.pdf
ITC press release (No. 09-083, dated 10/15/09) available at http://www.usitc.gov/press_room/news_release/2009/er1015gg1.htm