25
Mar
By Eric Schweibenz
On March 22, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874).

The investigation is based on a February 20, 2013 complaint and a March 12, 2013 amended complaint filed by Lamina Packaging Innovations LLC of Longview, Texas alleging violation of Section 337 in the importation into the U.S. and sale of certain products having laminated packaging, laminated packaging and components thereof that infringe one or more claims of U.S. Patent Nos. 6,207,242 and 7,348,067.  See our February 21, 2013 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following entities as the respondents in this investigation:

  • Remy Cointreau USA, Inc. of New York, New York

  • Pernod Ricard USA LLC of New York, New York

  • John Jameson Import Company of Purchase, New York

  • Moet Hennessy USA of New York, New York

  • Champagne Louis Roederer of Reims, France

  • Maisons Marques & Domaines USA Inc. of Oakland, California

  • Freixenet USA of Sonoma, California

  • L’Oreal USA, Inc. of New York, New York

  • Hasbro, Inc. of Pawtucket, Rhode Island

  • Cognac Ferrand USA, Inc. of New York, New York

  • WJ Deutsch & Sons of White Plains, New York

  • Diageo North America, Inc. of Norwalk, Connecticut

  • Sidney Frank Importing Co., Inc. of Rochelle, New York

  • Beats Electronics LLC of Santa Monica, California

  • Camus Wines & Spirits Group of Cognac, France


The Notice of Investigation instructs the presiding ALJ to "hold an early evidentiary hearing, find facts, and issue an early decision, as to whether the complainant has satisfied the economic prong of the domestic industry requirement."  Further, the ITC "expects the issuance of an early ID relating to the economic prong of the domestic industry requirement within 100 days of institution, except that the presiding ALJ may grant a limited extension of the ID for good cause shown."  Significantly, the Notice of Investigation further notes that the "issuance of an early ID finding that the economic prong of the domestic industry requirement is not satisfied shall stay the investigation unless the Commission orders otherwise; any other decision shall not stay the investigation or delay the issuance of a final ID covering the other issues of the investigation."

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this investigation.