ITC Institutes Patent Investigation of Dimmer Switch Lighting Devices
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain lighting control devices including dimmer switches and parts thereof, pursuant to a complaint.
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(The products at issue in this investigation are dimmer light switches for home and commercial use.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Lutron Electronic Co., Inc., of Coopersburg, PA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain lighting control devices including dimmer switches and parts thereof that infringe patents asserted by Lutron.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
10 Companies Alleged to Be in Violation of Section 337
The ITC has identified the following as the respondents alleged to be in violation of section 337 in this investigation:
- AH Lighting of Los Angeles, CA;
- American Top Electric Corp. of Santa Ana, CA;
- Big Deal Electric Corp. of Santa Ana, CA;
- Diode LED of Emeryville, CA;
- Elemental LED, LLC, of Emeryville, CA;
- Pass & Seymour, Inc., of Syracuse, NY;
- Wenzhou Huir Electric Science & Technology Co. Inc. of China;
- Westgate Mfg, Inc., of Vernon, CA;
- Zhejiang Lux Electric Co. LTD of China; and
- Zhejiang Yeulong Mechanical & Electric Co. LTD of China.
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.)
1Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.
(Press release dated 06/10/11, Inv. No. 337-TA-776)