05
Dec
By Alex Gasser
On December 1, 2011, the International Trade Commission (“Commission”) issued a notice that the Commission issued a general exclusion order (“GEO”) and cease and desist orders in Certain Electronic Paper Towel Dispensing Devices and Components Thereof (Inv. No. 337-TA-718).

By way of background, on July 21, 2011, ALJ E. James Gildea issued the public version of an Initial Determination (“ID”) (dated July 12, 2011) granting Complainant Georgia-Pacific Consumer Products LP’s (“Georgia-Pacific”) motion for summary determination that defaulting Respondents Stefco Industries, Inc. and Cellynne Corporation (collectively, “Stefco”) and defaulting Respondent NetPak Elektronik Plastik ve Kozmetik Sanayi Ve Ticaret Ltd. (“NetPak”) (Stefco and NetPak collectively, the “Defaulting Respondents”) violated Section 337.  The ALJ also recommended that the Commission issue general exclusion orders and cease and desist orders and impose a bond of 100 percent on the Defaulting Respondents.  See our July 29, 2011 post for more details.   According to the notice, non-defaulting Respondents Kruger Products LP; KTG USA LP; Draco Hygienic Products Inc.; Paradigm Marketing Consortium, Inc.; United Sourcing Network Corp.; New Choice (H.K.) Ltd.; Vida International Inc.; Jet Power International Limited; Winco Industries Co.; DWL Industries Co.; Ko-Am Corporation Inc. d/b/a Janitor's World; Natury, S.A. De C.V.; Franklin Financial Management, Inc. d/b/a Update International; and Alliance in Manufacturing LLC were terminated by consent order.

The notice stated that the Commission on August 19, 2011, determined not to review ALJ Gildea’s ID and requested briefing on remedy, the public interest, and bonding.  Only Georgia-Pacific and the Commission investigative attorney timely filed submissions.  The notice further stated that the Commission determined to issue a GEO with respect to claims 4-7 of U.S. Patent No. 6,871,815; claims 8-22 of U.S. Patent No. 7,017,856; claims 1-3 of U.S. Patent No. 7,182,289; and claims 4-22 of U.S. Patent No. 7,387,274, and cease and desist orders against Stefco with respect to the same claims. The Commission further determined that the bond for temporary importation during the period of Presidential review shall be in the amount of 100 percent of the value of the imported articles that are subject to the order.  The notice additionally stated that the investigation is terminated.
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