12
Oct
By Eric Schweibenz and John Presper
On October 2, 2018, Chief ALJ Charles E. Bullock issued Order No. 23 in Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent). See our June 12, 2018 and July 17, 2018 posts for more details on the complaint and Notice of Investigation, respectively. The ALJ previously denied Respondent Champion Power Equipment, Inc.’s (“Champion”) motion to terminate the investigation as to Champion based on a consent order stipulation and proposed consent order, finding that the proposed consent order did not resolve all the issues as to inventory raised by Walbro. See our September 17, 2018 post for more details.

According to the Order, Champion filed a renewed motion to terminate the investigation as to Champion based on a consent order stipulation and proposed consent order. The Commission Investigation Staff supported the motion, and Walbro did not oppose the motion. Accordingly, ALJ Bullock granted the motion.
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