Patent Investigation on Certain Composite Wear Components and Products Containing the Same
The International Trade Commission has instituted a section 337 patent-based investigation of certain composite wear components and products containing the same pursuant to a complaint.
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Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Magotteaux International S/A of Belgium and Magotteaux, Inc. of Franklin, Tennessee, 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 composite wear components and products containing the same that infringe all of the claims of U.S. Patent No. RE 39,998.
The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
AIA Engineering Limited of India;
Vega Industries of Brentwood, TN; and
F.A.R. Fonderie Acciaierie Roiale S.p.A. of Italy.
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 - Anne Goalwin (202) 205-2574
ITC notice (Inv. No. 337-TA-644, FR Pub 04/25/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-9070.pdf
ITC press release (08-036, dated 04/22/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0422ff1.htm