By Eric Schweibenz
On November 24, 2009, the International Trade Commission issued the public version of its opinion on the issues of remedy, the public interest, and bonding in Certain Composite Wear Components and Products Containing Same (Inv. No. 337-TA-644).  The ITC also issued on November 24 a notice of Issuance of Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation.

By way of background, the Complainant in this investigation is Magotteaux International S/A and Magotteaux, Inc. (collectively “Magotteaux”) and the respondents are Fonderie Acciaierie Rioale S.P.A. (“FAR”), AIA Engineering Ltd., and Vega Industries (collectively, the “AIAE Respondents”).  FAR was terminated from the investigation on the basis of a settlement agreement.  On May 8, 2009, ALJ Theodore R. Essex issued an Initial Determination (“ID”) finding (i) the AIAE Respondents in default under Commission Rule 210.16(a)(2) based on failure to participate in discovery; (ii) the AIAE Respondents’ conduct in the investigation warranted adverse inferences under Commission Rule 210.17; and (iii) that the AIAE Respondents were in violation of Section 337 on that basis.  See our July 8 and July 21 posts for more details.  On July 7, 2009, the Commission issued a notice determining not to review the ID, and requesting written submissions regarding the form of remedy, if any, that should be ordered.  The parties to the investigation and the Commission Investigative Staff filed submissions and response submissions concerning remedy, the public interest, and bonding on July 22, 2009, and July 30, 2009, respectively.

In its November 24 opinion and notice, the Commission determined that the appropriate form of relief is a limited exclusion order and a cease and desist order.  Specifically, the “limited exclusion order prohibits the unlicensed entry for consumption of composite wear components and products containing same that are covered by one or more of claims 12-13 and 16-21 of the ‘998 patent and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, AIA Engineering Limited or Vega Industries or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns.  The cease and desist order covers products that infringe claims 12-13 and 16-21 of the ‘998 patent and is directed to defaulting domestic respondent Vega Industries and any of its principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled (whether by stock ownership or otherwise) and majority owned business entities, successors, and assigns.”  The Commission also determined that the public interest factors did not preclude issuance of the limited exclusion order or the cease and desist order.