ITC Rescinds Limited Exclusion Order on Ground Fault Circuit Interrupters for 2 Firms
The International Trade Commission has determined to rescind in part the limited exclusion order issued in its patent-based investigation of certain ground fault circuit interrupters and products containing same (337-TA-615) for two respondents.
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Limited Exclusion and Cease and Desist Orders Issued in March 2009
In March 2009, the ITC issued a limited exclusion order directed toward General Protecht Group, Inc. (GPG) of Zhejiang, China with respect to the U.S. Patent Nos. 7,283,340 and 5,594,398; toward Wenzhou Trimone Company with respect to the 340 patent; and toward Shanghai ELE Manufacturing Corporation of Shanghai, China and its distributors Cheetah USA Corp. of Sandy, Utah, Nicor Inc. of Albuquerque, New Mexico, Orbit Industries, Inc. of Los Angeles, California, and Colacino Electric Supply, Inc. of Newark, New York with respect to the 340, 398, patents as well as U.S. Patent No. 7,164,564.
The limited exclusion order prohibited the unlicensed entry of ground fault circuit interrupters and products that infringe the patents listed above that are manufactured abroad by or on behalf of, or are imported by or on behalf of these companies, or any of their affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns.
The ITC also issued cease and desist orders against ELE's distributors prohibiting them from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, the infringing products.
CAFC Reversed ITC Finding of Infringement
Respondents GPG, Trimone, and ELE appealed the ITC's final determination of violation of Section 337 to the Court of Appeals for the Federal Circuit, and in August 2010, the CAFC issued an opinion reversing the ITC's findings of infringement as to GPG and Trimone.
The CAFC also reversed the ITC's findings of infringement under the 340 patent as to ELE.
ITC Rescinding LEO for GPG and Trimone Pursuant to Petition
In January 2011, respondents GPG and Trimone (but not ELE) petitioned the ITC to rescind in part the limited exclusion order as it pertained to them. The ITC has determined that GPG and Trimone's petition satisfies the requirement that there be changed conditions of fact or law and that the orders should be rescinded in part and modified.
The ITC therefore has issued an order rescinding in part the limited exclusion order previously issued in this investigation with respect to respondents GPG and Trimone.
LEO for ELE and CD Orders Modified to Remove References to 340 Patent
The ITC is also modifying the LEO with respect to ELE and ELE's distributors, and modifying the cease and desist orders directed to ELE's distributors, to remove references to claims 14, 18, and 30 of the 340 patent.
ITC contact - Megan Valentine (202) 708-2301
(FR Pub 03/30/10, Inv. No. 337-TA-615)
The original limited exclusion and cease and desist orders, as well as the ITC's order to partially rescind and modify these orders, are available by emailing documents@brokerpower.com.