By Eric Schweibenz
On February 18, 2011, Boston Beer Corporation of Boston, Massachusetts (“Boston Beer”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that 1 Source Signature Glassware, Inc., di Sciacca Co., and San Tan Brewing Co. (collectively, the “Proposed Respondents”) — all of Chandler, Arizona — unlawfully import into the U.S. and/or sell within the U.S. after importation certain glassware that infringes U.S. Patent Nos. D582,213 and D569,189 (collectively, the “asserted patents”).  The complaint further alleges that other manufacturers, entities, sellers or importers whose identity Boston Beer has not yet ascertained (collectively, the “Unknown Manufacturers”) are working with, for, or in concert with the Proposed Respondents.  The complaint states that Boston Beer is working to identify the Unknown Manufacturers and intends to add them as Respondents once identified.

According to the complaint, the asserted patents generally relate to the ornamental design for a glass.  The ornamental design is shown and described in drawing figures from the asserted patents, which are reproduced in the complaint.

In the complaint, Boston Beer alleges that the Proposed Respondents and Unknown Manufacturers import and sell products that infringe the asserted patents.  The complaint specifically names a beer glass known as the “San Tan Glass” as an infringing product.

Regarding domestic industry, Boston Beer states that its Samuel Adams Glass is within the scope of the single claim of each of the asserted patents and that the Samuel Adams Glass has been made, sold, and/or distributed in the U.S.  Boston Beer further states that it has made substantial expenditures related to the engineering, design, research and evaluation of the Samuel Adams Glass in the U.S.

With respect to potential remedy, Boston Beer requests that the Commission issue an exclusion order and a cease and desist order directed at the Proposed Respondents.