Georgia Pacific Files New 337 Complaint Regarding Certain Electronic Paper Towel Dispensing Devices
On April 19, 2010, Georgia-Pacific Consumer Products LP (“Georgia Pacific”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Kruger Products LP of Canada and KTG USA LP of Memphis, Tennessee (together “Kruger”); Stefco Industries, Inc. of Haines City, Florida and Cellynne Corporation of Haines City, Florida (together “Stefco”); Draco Hygienic Products Inc. of Ontario, California (“Draco”); NetPak Electronic Plastic and Cosmetic, Inc. d/b/a Open for Business of Chicago, Illinois and Netpak Elektronik Plastik Ve Kozmetik Sanayi Ve Ticaret Ltd. of Turkey (together “NetPak”); Paradigm Marketing Consortium, Inc. d/b/a United Supply Systems of Syosset, New York and United Sourcing Network Corp. of Syosset, New York (together “Paradigm”); New Choice (H.K.) Ltd. of Hong Kong and Vida International Inc. of Taiwan (all collectively, “Proposed Respondents”) unlawfully import into the United States, sell for importation, and/or sell within the United States after importation certain electronic paper towel dispensing devices and components thereof that infringe certain claims of U.S. Patent Nos. 6,871,815, 7,017,856, 7,182,289, and 7,387,274 (collectively, “the Asserted Patents”).
According to the complaint, the asserted technologies relate to “a cost-effective and convenient way of grounding” an electronic paper towel dispenser device to protect its electronic circuitry from the static electric charges that build inside the dispenser as the paper towel product is dispensed from the paper towel roll.
In the complaint, Georgia Pacific asserts that Proposed Respondents’ imported electronic paper towel dispensing devices and components thereof, including at least Kruger’s Titan2 Touchless Electronic Roll Towel Dispenser, Stefco’s 92004 Electronic Roll Towel Dispenser, Draco’s Sensorcut and Tear & Go Hands-Free Paper Towel Dispensers, NetPak’s Carpex Touchless Paper Towel Dispenser, and Paradigm’s Emerald Automated Touchless Paper Towel Dispenser infringe the Asserted Patents.
The Complaint also asserts that “[c]oncurrent with the filing of this complaint, Georgia-Pacific has filed civil actions in the United States District Court for the Northern District of Georgia, Atlanta Division, alleging that Kruger, Stefco, Draco, NetPak, and Paradigm infringe the Asserted Patents.”
With respect to the technical prong of the domestic industry requirement, Georgia-Pacific asserts that its electronic paper towel dispensers practice the Asserted Patents. Regarding the economic prong of the domestic industry requirement, Georgia-Pacific asserts it made substantial investments in the United States in the form of at least domestic engineering, research and development, and repair and service relating to electronic paper towel dispensers that are protected by the Asserted Patents.
As to potential remedy, Georgia-Pacific requests that the Commission issue a general exclusion order. In the alternative, Georgia-Pacific seeks a permanent limited exclusion order directed to each Proposed Respondent. It also seeks a permanent cease and desist order against the Proposed Respondents.
