ITC May Tighten Enforcement of Patent Exclusion Order on Compact Fluorescent Lamps

The International Trade Commission will review an administrative law judge’s finding that imports of MaxLite compact fluorescent lamps are still entering the U.S. despite an agreement to settle a Section 337 investigation, it said in a March 4 Federal Register notice. The ITC had ended its investigation in 2012, after MaxLite agreed not to import dimmable compact fluorescent lamps that infringe a patent held by Neptun Light. But in a request for an enforcement proceeding in February 2013, Neptun says its lawyer was able to order the allegedly patent-infringing products online well after the consent order was effective (see 13022029). The ITC began a formal enforcement proceeding two months later (see 13042321). Neptun is requesting a permanent cease and desist order, as well as monetary penalties of the greater of the value of the good, or $100,000, for each day the order has been violated.