ITC Temporarily Rescinds Limited Exclusion, CD Orders on Certain Composite Wear Components
The International Trade Commission has determined to temporarily rescind its exclusion order and cease and desist (CD) order in its Section 337 patent-based investigation of certain composite wear components and products containing the same (337-TA-644), pending resolution of the validity of the patent.
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Rescinded Exclusion Order Against AIA and Vega, CD Order Against Vega
The orders being temporarily rescinded are a limited exclusion order against respondents AIA Engineering Limited and Vega Industries Ltd. and a cease and desist order against Vega, which were issued by the ITC in November 2009.
The exclusion order prohibited the unlicensed entry for consumption of composite wear components and products that are covered by one or more of claims 12-13 and 16-21 of U.S. Patent No. RE 39,998 (the 998 patent) and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, AIA or Vega or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns.
The cease and desist order covered products that infringe claims 12-13 and 16-21 of the 998 patent and is directed to Vega and any of its principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled and majority owned business entities, successors, and assigns.
Patent Declared Invalid by District Court, Appealed by Complainants
In September 2010, the 998 patent was declared invalid by the District Court for the Middle District of Tennessee in a declaratory judgment action filed by AIA against Magotteaux International S/A and Magotteaux Inc. (collectively, Magotteaux), the original complainants in the investigation.
Magotteaux appealed the District Court's decision to the Court of Appeals for the Federal Circuit (CAFC).
Orders Rescinded Pending CAFC Decision, to be Reinstated if District Reversed
In October 2010, AIA filed a petition under asking the ITC to rescind its exclusion order and cease and desist order in light of the district court’s holding invalidating the 998 patent. After consideration of the petition and the responses and replies thereto, the ITC has determined to temporarily rescind its limited exclusion order and cease and desist order pending resolution on appeal of the district court’s decision by the CAFC.
The ITC’s orders will become permanently rescinded if the CAFC affirms the district court’s judgment, and will be reinstated if the CAFC reverses the district court’s judgment with respect to those claims.
(See ITT's Online Archives or 12/01/09 news, 09120150, for BP summary of the ITC's issuance of the orders.)
ITC contact - Jia Chen (202) 708-4737
(FR Pub 01/25/11, Inv. No. 337-TA-644)