ITC Rescinds Limited Exclusion Order on Certain Rubber Antidegradants, Components, and Products
The International Trade Commission has determined to rescind the limited exclusion order issued in its patent-based section 337 investigation concerning certain rubber antidegradants, components thereof, and products containing same.
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(In 2006, the ITC issued a limited exclusion order against Sinorgchem Co. and Sovereign Chemical Company, which barred their unauthorized importation into the U.S. of 4-ADPA and 6-PPD, covered by certain claims of U.S. Patent Nos. 5,117,063 and 5,608,111. The patents teach processes for the production of 4-ADPA and alkylated derivatives, including 6-PPD, which is used to prevent the degradation of rubber.
The administrative law judge (ALJ) found that Sinorgchem and Sovereign had violated section 337, but that Korea Kumho Petrochemical Co., Ltd. (KKPC) had not.)
ITC Remands Investigation to ALJ
The ITC has also determined to remand the investigation to the presiding ALJ for proceedings consistent with the U.S. Court of Appeals for Federal Circuit (CAFC) decision in Sinorgchem Co., Shandong v. International Trade Commission, including issuance of a final initial determination on violation and a recommended determination on remedy and bonding.
(See ITT's Online Archives or 07/21/06 news, 06072115, for BP summary of the limited exclusion order.)
ITC contact - James Worth (202) 205-3065
ITC notice (Inv. No. 337-TA-533, FR Pub 06/06/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-12738.pdf
CAFC decision (2006-1633, decided 12/21/07) available at http://www.ll.georgetown.edu/federal/judicial/fed/opinions/06opinions/06-1633.pdf