04
Apr
By Eric Schweibenz
On April 2, 2012, the International Trade Commission (the “Commission”) issued a notice determining to review in part an Initial Determination (“ID”) issued by ALJ E. James Gildea on February 1, 2012 finding no violation of Section 337 in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756). 

By way of background, the Complainant in this investigation is Schweitzer-Mauduit International, Inc. (“Schweitzer”) and the remaining Respondents are Julius Glatz GmbH, LIPtec GmbH, and KneX Worldwide LLC (collectively, “Glatz”).  In the ID, ALJ Gildea determined that no violation of Section 337 had occurred by Glatz in the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain reduced ignition proclivity cigarette paper wrappers and products containing same that allegedly infringe U.S. Patent Nos. 5,878,753 (the ‘753 patent) and 6,725,867 (the ‘867 patent).  See our February 29, 2012 post for more details.

According to the April 2 notice, Schweitzer filed a petition for review of the ID and Glatz filed a contingent petition for review of the ID.  Each party filed a response to the petitions for review.

After examining the record of the investigation, including the ID and the parties’ submissions, the Commission determined to review the ID in part.  In particular, with respect to the ‘753 patent, the Commission determined to review the construction of the term “gradually” in the asserted claims and the issues of direct and indirect infringement, obviousness, definiteness, utility, and the technical prong of the domestic industry requirement.  With respect to the ‘867 patent, the Commission determined to review the construction of the term “film forming composition” in the asserted claims and the issues of direct and indirect infringement, priority date, statutory bar under 35 U.S.C. § 102(b), anticipation, obviousness, written description, enablement, and the technical prong of the domestic industry requirement.

The notice states that the parties are requested to brief their positions on seven questions listed in the notice.  The notice also requests briefing on remedy, the public interest, and bonding. 

Written submissions are due by April 16, 2012, with reply submissions due by April 23, 2012.
Share