ITC Institutes Patent Investigation of Certain Lighting Fixtures
The International Trade Commission has instituted a section 337 patent-based investigation of certain decorative lighting fixtures, pursuant to a complaint (Inv. No. 337-TA-719).
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Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Lumberg Industries, Inc., dba Fine Art Lamps of Miami Lakes, FL, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain lighting products that infringe a patent and other intellectual property rights asserted by the complainant.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
L&M of Puerto Rico Alleged to Be in Violation of Section 337
The ITC has identified Lights and More, Inc. (L&M), of San Juan, Puerto Rico as the respondent 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.)