ITC Institutes Patent Investigation of Circuit Interrupters Brought by Leviton
The International Trade Commission has instituted a section 337 patent-based investigation of certain ground fault circuit interrupters and products containing same.
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(The products at issue in this investigation designed to interrupt the flow of electric current through an electrical receptacle upon detection of any imbalance in the current passing through the device, thus preventing possible shock or electrocution.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Leviton Manufacturing Co., Inc. of Melville, NY, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain ground fault circuit interrupters and products containing same that infringe patents asserted by Leviton.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
Companies Leviton Alleges to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- American Ace Supply Inc. of San Francisco, CA
- American Electric Depot Inc. of Fresh Meadows, NY
- Central Purchasing, LLC of Camarillo, CA
- Contractor Lighting & Supply, Inc., of Columbus, OH
- Deerso, Inc. of Cape Coral, FL
- Frontier Lighting, Inc., of Clearwater, FL
- Fujian Hongan Electric Co., Ltd., of China
- Garvin Industries, Inc. of Franklin Park, IL
- General Protecht Group, Inc., of China
- G-Techt Global Corporation of Atlanta, GA
- Harbor Freight Tools USA, Inc. of Camarillo, CA
- Ingram Products, Inc. of Jacksonville, FL
- Littman Bros. Energy Supplies, Inc., of Schaumberg, IL
- Menard, Inc. of Eau Claire, WI
- New Aspen Devices Corp. of Brooklyn, NY
- Norcross Electric Supply Company of Suwanee, GA
- Orbit Industries, Inc., of Los Angeles, CA
- Ready Wholesale Electric and Lighting, Inc., of Reseda, CA
- Royal Pacific Ltd. of Albuquerque, NM
- Safety Plus Products, Inc. of McFarland, WI
- SecurElectric Corporation of St. Louis, MO
- Shanghai ELE Manufacturing Corporation of China
- Sutherland Lumber Company of Kansas City, MO
- The Designers Edge, Inc., of Bellevue, WA
- W. E. Aubuchon Co., Inc., d/b/a Aubuchon Hardware, of Westminster, MA
- Warehouse-Lighting.com LLC of Muskego, WI
- Westside Wholesale Electric and Lighting, Inc. of Los Angeles, CA
- Zhejiang Easting House Electric Co. of China
- Zhejiang Trimone Co. Ltd. of China
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.)
(Press release dated 10/05/10, Inv. No. 337-TA-739)