On August 29, 2012, Leviton Manufacturing Co., Inc. of Melville, New York (“Leviton”) filed an enforcement complaint
in Certain Ground Fault Circuit Interrupters and Products Containing Same
(Inv. No. 337-TA-739). The enforcement complaint alleges that Menard, Inc. of Eau Claire, Wisconsin (“Menard”), Shanghai ELE Manufacturing Corp. of China (“Shanghai ELE”), Shanghai Jia AO Electrical Co., Ltd. of China (“Shanghai Jia AO”), Westside Wholesale Electric & Lighting, Inc., Westside Electric Wholesale, Inc., and Westside Wholesale, Inc.—all of Los Angeles, California and/or Bell, California—(collectively, “Westside”), American Ace Supply Inc. of San Francisco, California (“American Ace”), and American Electric Depot Inc. of Fresh Meadows, New York (“AED”) have violated cease and desist orders (“CDOs”) and/or a general exclusion order (“GEO”) that had been entered in the underlying investigation.
By way of background, the International Trade Commission (the “Commission”) instituted the underlying investigation on October 5, 2010 based on Leviton’s complaint of September 3, 2010. See
our October 7, 2010 post
for more details. The underlying complaint named multiple entities—including Menard, Shanghai ELE, Shanghai Jia AO, AED, Westside, and American Ace—as proposed Respondents. On December 22, 2010, ALJ Charles E. Bullock issued an Initial Determination (“ID”) finding Menard, Westside, and American Ace in default. The Commission determined not to review the ID. On December 20, 2011, ALJ Bullock issued an ID finding no violation of Section 337 by, inter alia
, Shanghai ELE, Shanghai Jia AO, and AED. The Commission determined to review the ID and, on April 27, 2012, the Commission issued a notice finding a violation of Section 337 with respect to U.S. Patent No. 7,737,809 (the ‘809 patent). The Commission entered CDOs against certain defaulting Respondents including Menard, Westside, and American Ace, as well as a GEO. See
our May 3, 2012 post
for more details.