17
Sep
By Eric Schweibenz
On September 15, 2009, Safe Skies, LLC of Brooklyn, New York and David Tropp of Brooklyn, New York (collectively, “Safe Skies”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following proposed respondents (collectively, “Respondents”) unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain dual access locks and products containing same, which allegedly infringe U.S. Patent Nos. 7,021,537 and 7,036,728:

  • C&C Luggage Manufacturing Co., Ltd. of China

  • Diplomat of Taiwan

  • Hangzhou Gema Suitcases & Bags Co. Ltd of China

  • La Pearl Luggage and Leather Goods Co., Ltd. of China

  • Hinomoto Jomae, Ltd. of Japan

  • Sinox Company, Ltd. of Taiwan

  • Yi Feng Manufacturing, Co., Ltd. of China

  • Jin Tay Industries Co., Ltd. of Taiwan

  • FULLYEAR-Brother Enterprise, Co., Ltd. of Taiwan

  • Zhuhai SkyGood Tech. Industrial Corp., Ltd. of China

  • Ningbo Xianfeng Art & Craft Co., Ltd. of China

  • Paloma Enterprises Co., Ltd. of Taiwan

  • Tekraft Industrial Co., Ltd. of Taiwan

  • Hangzhou Travelsky Co., Ltd. of China

  • The Sun Lock Company Ltd. of Hong Kong

  • Alloy Metal Manufactory, Ltd. of Hong Kong

  • Cometform, Ltd. of England

  • Design Go Ltd. of England

  • Franzen International of Germany

  • M-Power Lock Manufactory of Hong Kong


According to the complaint, the asserted patents relate generally to methods of improving airline luggage inspection.  Further “[w]ith the invention of the [asserted patents], an airline passenger can lock their luggage and have the luggage inspected, if necessary, without the need to have the TSA Lock clipped or broken.  Likewise, the TSA or luggage screening authority can inspect locked baggage without the need to clip or break open the TSA Lock, which ordinarily would result in the lock being rendered ‘unlockable’ or damaged after the inspection process.”

In the complaint, Safe Skies alleges that Respondents unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation locks, luggage, and baggage containing such locks, that are especially adapted and designed to be used in an infringing manner.  Specifically, Safe Skies alleges that Respondents make and sell locks, luggage, and baggage containing such locks under license from Travel Sentry, Inc. of Florida.

Regarding domestic industry, Safe Skies alleges that “Complainants are an industry in the United States relating to the articles used in the methods protected by the patents-in-suit, or are an industry in the process of being established.”

In the complaint, Safe Skies alleges that the asserted patents are subject to pending suits in the U.S. District Court for the Eastern District of New York.

Regarding potential remedy, Safe Skies asks that the Commission issue a general exclusion order and a cease and desist order directed to all of the Respondents.
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