ITC Institutes Patent Investigation of Muzzle-Loading Firearms
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain muzzle-loading firearms and components thereof, pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The products at issue in this investigation are muzzle-loaded weapons that are primarily intended for hunting.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Thompson/Center Arms Company, Inc., and Smith & Wesson Corp., both of Springfield, MA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain muzzle-loading firearms and components thereof that infringe patents asserted by the complainants.
The complainants request that the ITC issue an exclusion order and a cease and desist order.
7 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:
- Ardesa Firearms of Spain
- Bergara Barrels Europe of Spain;
- Bergara Barrels North America of Duluth, GA;
- Blackpowder Products Inc. of Duluth, GA;
- Connecticut Valley Arms of Duluth, GA;
- Dikar Sociedad Cooperativa Limitada of Spain; and
- Traditional Sporting Goods, Inc., d/b/a Traditional Sporting Firearms of Old Saybrooke, CT.
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 06/14/11, Inv. No. 337-TA-777)