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New IPR Import Restrictions on Outdoor Grills

Monday, February 09, 2015
Sandler, Travis & Rosenberg Trade Report

In investigation 337-TA-895 the International Trade Commission has imposed new import restrictions on certain multiple mode outdoor grills and parts thereof due to patent infringement. Specifically, the ITC has issued a limited exclusion order prohibiting the unlicensed entry of covered multiple mode outdoor grills and parts thereof manufactured by, for or on behalf of Brinkmann Corporation, Outdoor Leisure Products Inc., Dongguan Kingsun Enterprises Co. Ltd., Academy Ltd., Ningbo Huige Outdoor Products Co. Ltd. and Keesung Manufacturing Co. Ltd., or any of their affiliated companies, parents, subsidiaries, licensees or other related business entities or their successors or assigns. The ITC has also determined to issue cease and desist orders prohibiting Brinkmann, OLP and Academy from further importing, selling and distributing articles that infringe specified patent claims in the United States.

These orders include the following exemptions: (1) conduct licensed or authorized by the patent owner; (2) conduct related to covered products imported by or for the United States; and (3) the importation, distribution and sale of parts for use in the maintenance, service or repair of covered products purchased prior to the effective date of the orders.

Finally, the ITC has determined that excluded grills and parts may be imported and sold in the U.S. during the 60-day presidential review period with the posting of a bond of (a) 100 percent of the entered value for all covered articles manufactured by, for or on behalf of Keesung and (b) zero percent for all covered articles manufactured by, for or on behalf of Brinkmann, OLP, Kingsun, Academy and Huige.

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