On February 20, 2013, a Federal Circuit panel consisting of Judges Newman and Lourie as well as Chief Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas issued a per curiam judgment, pursuant to Federal Circuit Rule 36, affirming the ITC’s final determination in Bourdeau Bros., Inc. v.  ITC (2012-1262).

By way of background, the underlying investigation in connection with this appeal was Certain Agricultural Vehicles and Components Thereof (Inv. No. 337-TA-487).  The Complainant in this investigation was Deere & Co. (“Deere”) and the Respondents were Bourdeau Bros., Inc., OK Enterprises, and Sunova Implement Co. (collectively, the “Bourdeau Respondents”). 

As explained in our April 30, 2012 post, the Commission determined that the Bourdeau Respondents violated Section 337 through gray market sales of self-propelled forage harvesters that infringe Deere’s trademarks.  The Commission also reinstated a general exclusion order against the subject harvesters and cease and desist orders that had issued in the original investigation.