By Barry Herman
On March 9, 2009, the Commission issued a Final Determination finding a violation of 19 U.S.C. § 1337 by the 9 remaining respondents -- General Protecht Group, Inc., Shanghai ELE Manufacturing Corporation, Shanghai Meihao Electric, Inc., Wenzhou Trimone Company, Cheetah USA Corp., Nicor, Inc., Orbit Industries, Inc., The Designer’s Edge, and Colacino Electric Supply, Inc. as a result of infringement of certain claims of the following U.S. Patents: (1) U.S. Patent No. 5,594,398; (2) U.S. Patent No. 7,283,340; (3) U.S. Patent No. 7,145,718; and (4) U.S. Patent No. 7,164,564.

The investigation was instituted on September 18, 2007 based upon a complaint filed by Pass & Seymour, Inc.  In the ID, ALJ Carl. C. Charneski determined that the above 9 respondents violated section 337 based on the importation, sale for importation, and sale after importation of certain ground fault circuit interrupters and products containing the same for six different patents.

On December 8, 2008, the Commission determined to review the ID in part, including the ALJ’s construction of six different claim limitations (and related issues of infringement, domestic industry, and validity), the ALJ’s validity determination with respect to two of the asserted patents, and the ALJ’s infringement determination of one patent regarding certain products of one of the respondents (ELE).  The Commission thereafter made certain modifications to the ALJ’s ID, finding that there was no violation of the asserted claims of two of the patents, but finding that the ALJ correctly determined that there was a violation of the asserted claims of four patents.  The Commission also (1) issued a limited exclusion order against the 9 respondents; (2) issued a cease-and-desist order against respondents Cheetah, Colacino, Nicor, Orbit and TDE; (3) found that the public interest factors do not preclude issuance of the remedial orders; and (4) found that the bond to permit temporary importation during Presidential review should be set at 100%.