ITC Issues Limited Exclusion Order on Certain Caskets
The International Trade Commission has issued a limited exclusion order in its section 337 patent-based investigation of certain caskets. The ITC has also terminated the investigation.
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(This investigation was based on a complaint filed by Batesville Services, Inc., of Batesville, IN, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain caskets by reason of infringement of certain claims of U.S. Patent Nos. 5,611,124 (124 patent); 5,727,291 (291 patent); 6,836,936 (936 patent); 6,976,294 (294 patent); and 7,340,810 (810 patent).
The respondent is Ataudes Aguilares, S. De R.L. de C.V., of Mexico.)
LEO Excludes Infringing Articles from Entry
According to the limited exclusion order, caskets covered by one or more of claims 1, 13, 27, and 44-53 of the 124 patent; claims 1, 6, 8, 9, 16, 17, 19, and 21 of the 291 patent; claims 1 and 2 of the 936 patent; claims 1, 2, 5-8, 11, and 12 of the 294 patent; and claims 1, 2, 4, and 5 of the 810 patent that are manufactured abroad or imported by or on behalf of Ataudes Aguilares, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns, are excluded from entry for consumption into the U.S., entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, except under license of the patent owner or as provided by law.
Bond of 100% of Entered Value During 60-Day Review Period
The ITC also determined that the excluded products are entitled to entry for consumption into the U.S., entry for consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, under bond in the amount of 100% of the entered value of imported caskets, from the day after the order is received by the U.S. Trade Representative and until such time as the USTR notifies the ITC that the order is approved or disapproved, but, in any event, not later than 60 days after receipt of the order.
CBP May Require Certification that Imports are Not Subject to Order
At the discretion of U.S. Customs and Border Protection and pursuant to procedures it establishes, persons seeking to import caskets that are potentially subject to the order may be required to certify that they are familiar with the terms of the order, that they have made appropriate inquiry, and thereupon state that, to the best of their knowledge and belief, the products being imported are not excluded from entry under the order. At its discretion, CBP may require persons who have provided the certification to furnish such records or analyses as are necessary to substantiate the certification.
(See ITT’s Online Archives or 07/06/10 news, 10070605, for BP summary of the institution of this patent inves
ITC contact -- Megan Valentine (202) 708-2301
(FR Pub 12/16/10, Inv. No. 337-TA-725)
The limited exclusion order is available by emailing documents@brokerpower.com.