ITC Vacates Limited Exclusion Order, Cease and Desist Order on Certain Abrasive Products
The International Trade Commission (ITC) has issued a notice announcing that, effective June 21, 2004, it has vacated the limited exclusion order and cease and desist order issued in its Section 337 investigation of certain abrasive products made using a process for powder preforms, and products containing same (Inv. No. 337-TA-449).
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ITC Had Issued Orders Against Taiwan Company for Patent Infringement
In May 2002, the ITC issued a limited exclusion order which prohibited the unlicensed entry for consumption of the above-described products manufactured abroad by Kinik Company of Taipei, Taiwan that infringe on claims 1, 4, 5, and 8 of U.S. Patent No. 5,620,489 exclusively licensed to 3M Company of St. Paul, MN. At that time, the ITC also issued a cease and desist order against Kinik Company in order to prohibit it from selling, or engaging in various other commercial activities relating to such products within the U.S.
CAFC Reverses ITC's Finding of Infringement
The ITC explains that as a result of an appeal by Kinik Company, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an opinion in March 2004 in which it construed claim 1 more narrowly than had the ITC. As a result, the CAFC reversed the ITC's finding of infringement and issued its mandate in May 2004.
As the CAFC has reversed the ITC's finding of infringement with respect to Kinik Company's process, the ITC determined that there was no longer a basis for the limited exclusion order or the cease and desist order issued in this investigation, and therefore has vacated the orders under the authority of Section 337 of the Tariff Act of 1930.
(See ITT's Online Archives or 05/29/02 news, 02052945, for BP summary of ITC's issuance of the limited exclusion order and cease and desist order.)
ITC notice (Inv. No. 337-TA-449, FR Pub 06/25/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-14507.pdf
CAFC decision (Court No. 02-1550, decided 03/25/04) available athttp://www.fedcir.gov/opinions/02-1550.doc