Daily Rules, Proposed Rules, and Notices of the Federal Government
The Commission instituted this investigation on October 8, 2010, based on a complaint filed by Leviton Manufacturing Co., Inc., of Melville, New York (“Leviton”). 75
On April 27, 2012, the Commission issued its final determination finding that Leviton had proven a violation of section 337 based on infringement of the '809 patent but had not proven a violation based on infringement of the '124 and '151 patents. The Commission issued a general exclusion order barring entry of ground fault circuit interrupters that infringe the '809 patent and cease and desist orders against certain respondents, including Menard, Westside, and American Ace.
On August 29, 2012, Leviton filed a complaint for enforcement proceedings under Commission rule 210.75(b). Leviton asserts that Menard, Westside, and American Ace have violated cease and desist orders in various ways, including by selling ground fault circuit interrupters that infringe claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39, and 41-46 of the '809 patent, by selling infringing ground fault circuit interrupters during the Presidential review period without posting an appropriate bond, and by failing to file accurate reports with the Commission. Leviton also alleges that Shanghai ELE, Shanghai Jia AO, and AED have violated the general exclusion order entered in this investigation at least by importing ground fault circuit interrupters that infringe claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39, and 41-46 of the '809 patent during the Presidential review period without posting an appropriate bond.
Having examined the complaint seeking a formal enforcement proceeding, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, the Commission has determined to institute formal enforcement proceedings to determine whether Menard, Westside, American Ace have violated cease and desist orders issued in this investigation; whether Shanghai ELE, Shanghai Jia AO, and AED have violated the general exclusion order issued in the investigation; and what, if any, enforcement measures are appropriate. The Commission has determined to name Leviton as the complainant in the formal enforcement proceeding, and to name the following as respondents to the formal enforcement proceeding: Menard, Westside, America Ace, Shanghai ELE, Shanghai Jia AO, and AED. The Commission has also determined to name the Office of Unfair Import Investigations as a party to the enforcement proceeding.
The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.75 of the Commission's Rules of Practice and Procedure (19 CFR 210.75).
By order of the Commission.