ITC Institutes Patent Investigation of Certain Stringed Musical Instruments and Components
The International Trade Commission has instituted a section 337 patent-based investigation of certain stringed musical instruments and components thereof pursuant to a complaint (Inv. No. 337-TA-708).
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(The products at issue in this investigation are fulcrum tremolos and stringed musical instruments such as headless or tuner-less electric guitars equipped with such tremolos.)
Exclusion and Cease & Desist Orders Requested
The investigation, based on a complaint filed by Geoffrey Lee McCabe of Hollywood, CA, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale certain stringed musical instruments and components thereof that infringe patents asserted by McCabe.
The complainant requests that 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 in this investigation:
- Floyd Rose Guitars of Redmond, WA;
- Floyd Rose Marketing Inc. of Neptune, NJ;
- Davitt & Hanser Music Co., d/b/a HHI, of Hebron, KY;
- Ping Well Industrial Co., Ltd., of Taiwan;
- IBANEZ, Inc. (Hoshino) US of Bensalem, PA; and
- IBANEZ, Inc. (Hoshino) Japan of Japan.
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 press release (No. 10-027, dated 03/29/10) available at http://www.usitc.gov/press_room/news_release/2010/er0329hh1.htm