06
Jun
By Eric Schweibenz and Michael West
On June 6, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Movable Barrier Operator Systems and Components Thereof (Inv. No. 337-TA-1118).

By way of background, this investigation is based on a May 4, 2018 complaint filed by The Chamberlain Group, Inc. of Oak Brook, Illinois. A supplement to the complaint was filed on May 15, 2018. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain movable barrier operator systems that infringe one or more claims of U.S. Patent Nos. 8,587,404 (“the ’404 Patent”); 7,755,223 (“the ’223 Patent”); and 6,741,052 (“the ’052 Patent”). See our May 4, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Nortek Security & Control, LLC f/k/a Linear, LLC of Carlsbad, California, Nortek, Inc. of Providence, Rhode Island (collectively, “Nortek”), and GTO Access Systems, LLC f/k/a Gates That Open, LLC of Tallahassee, Florida as the respondents in this matter.

The Notice of Investigation further indicates that the Office of Unfair Import Investigations (“OUII”) will not participate as a party in this investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that MaryJoan McNamara will be the presiding Administrative Law Judge in this matter.