ITC Institutes Patent Investigation on Certain Foldable Stools
The International Trade Commission has instituted a section 337 patent-based investigation of certain foldable stools pursuant to a complaint.
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(The products at issue in this investigation are plastic injection molded foldable step stools.)
Exclusion and Cease & Desist Order Requested
The investigation is based on a complaint filed on behalf of B&R Plastics, Inc., of Denver, CO, on November 6, 2009.
The complaint 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 foldable stools by reason of infringement of U.S. Patent No. D460,566.
The complainant requests 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:
- Ningbo ZhongTian Co., Ltd., of China;
- Ningbo Ningfeng Import and Export Co. Ltd. of China;
- Kikkerland Design, Inc., of New York, NY;
- abc Distributing Inc. of Bannockburn, IL;
- Always Something Brilliant of Denver, CO;
- Amazon.com, Inc., of Seattle, WA;
- Bed Bath & Beyond Inc. of Union, NJ;
- Buy.com Inc. of Aliso Viejo, CA;
- Crate & Barrel, Inc., of Northbrook, IL;
- Home Depot Inc. of Atlanta, GA;
- The Afternoon of Omaha, NE;
- The Container Store, Inc., of Coppell, TX; and
- QVC, Inc., of West Chester, PA.
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 - T. Spence Chubb (202) 205- 2575
ITC notice (Inv. No. 337-TA-693, FR Pub 12/09/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-29352.pdf
ITC press release (No. 09-100, dated 12/04/09) available at http://www.usitc.gov/press_room/news_release/2009/er1204gg1.htm