ITC Institutes Patent Investigation on Certain Restraining Systems for Transport Containers
The International Trade Commission has instituted a section 337 patent-based investigation of certain restraining systems for transport containers, components thereof, and methods of using same, pursuant to a complaint.
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(The products at issue in this investigation are flexible load restraining strips and associated tools used in the restraint of cargo within transport containers.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Matthew Bullock of McLean, Virginia and Walnut Industries, Inc. of Bensalem, Pennsylvania, 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 restraining systems for transport containers and components thereof by reason of (1) infringement of certain claims of U.S. Patent Nos. 6,089,802; 6,227,779; and 6,981,827; (2) infringement of U.S. Copyright Registration Nos. TX-6-990-095 and TX6-996- 765; and (3) false advertising and misrepresentation.
The complainants request that after the investigation, the ITC issue an exclusion order and a cease and desist order.
Qingdao Auront Alleged to Be in Violation of Section 337
The ITC has identified Qingdao Auront Industry & Trade Co., Ltd. of Shandong, China as alleged to be in violation of section 337 in this investigation.
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 - Kecia Reynolds (202) 205-2580
ITC notice (Inv. No. 337-TA-696, FR Pub 12/29/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-30756.pdf.
ITC press release (No. 09-107, dated 12/24/09) available at http://www.usitc.gov/press_room/news_release/2009/er1224gg1.htm