By Eric Schweibenz
On December 13, 2010, the U.S. International Trade Commission issued a notice of issuance of a limited exclusion order in Certain Caskets (Inv. No. 337-TA-725).

By way of background, the Complainant in this investigation is Batesville Services, Inc. (“Batesville”) and the Respondent is Ataudes Aguilares, S. de R.L. de C.V. (“Ataudes Aguilares”).  According to the notice, Batesville previously moved for an order to show cause why Ataudes Aguilares should not be found in default for failure to respond to the complaint and Notice of Investigation and for a finding of default upon the failure to show cause.  The ALJ issued the requested order and no response was filed.  On September 24, 2010, the ALJ issued an initial determination (“ID”) finding Ataudes Aguilares in default.  The Commission determined not to review the ID.

According to the December 13 notice, the ITC “determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of certain caskets that are manufactured abroad by or on behalf of, or imported by or on behalf of, respondent Aguilares by reason of infringement of [certain claims of U.S. Patent Nos. 5,611,124, 5,727,291, 6,836,936, 6,976,294, and 7,340,810].”  The ITC further determined that the public interest factors did not preclude issuance of the limited exclusion order.