ITC Institutes Patent Investigation of Drinking Glasses for Beer
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain glassware pursuant to a complaint.
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(The products at issue in this investigation are drinking glasses.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Boston Beer Corporation of Boston, MA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain glassware that infringes design patents asserted by Boston Beer Corporation.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
3 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:
- 1 Source Signature Glassware, Inc., of Chandler, AZ;
- di Sciacca Co. of Chandler, AZ; and
- San Tan Brewing Co. of Chandler, AZ.
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 03/21/11, Inv. No. 337-TA-767)