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ITC Launches Advisory Opinion Proceeding in IPR Infringement Probe of GFCIs

Monday, February 10, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted an advisory opinion proceeding in patent infringement investigation 337-TA-739 of certain ground fault circuit interrupters and products containing same. Earlier in this investigation the ITC entered cease and desist orders against numerous defaulting foreign and domestic respondents. It also issued a general exclusion order despite one respondent’s request for its products to be exempted.

Complainant Leviton Manufacturing Co. Inc. later filed a complaint for enforcement proceedings alleging, among other things, that one of the respondents had violated the cease and desist order by selling the first respondent’s GFCIs. Leviton subsequently entered a settlement and license agreement with the first respondent and both respondents were terminated from the enforcement proceeding. The first respondent has now filed a request for an advisory opinion with regard to certain redesigned products, which the ITC has granted.

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