ITC Institutes Patent Investigation of Turbo Engine Blades Against Rolls-Royce
The International Trade Commission has instituted a section 337 patent-based investigation1 of certain turbomachinery blades, engines, and components thereof pursuant to a complaint.
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(The products at issue in this investigation are blades used in turbofan engines for jet aircraft, as well as the engines themselves.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by United Technologies Corporation of Hartford, CT, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain turbomachinery blades, engines, and components thereof that infringe a patent asserted by United Technologies.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Rolls-Royce Companies Alleged 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:
- Rolls-Royce Group plc of London, the United Kingdom; and
- Rolls-Royce plc of London, the United Kingdom.
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.
(See ITT's Online Archives or 11/12/10 news, 10111276, for BP summary of the complaint.)
(Press release dated 12/08/10, Inv. No. 337-TA-751)