By Eric Schweibenz and Alex Englehart
On June 1, 2016, Adrian Rivera of Whittier, California and Adrian Rivera Maynez Enterprises, Inc. of La Mirada, California (collectively, “ARM”) filed an enforcement complaint in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).  The enforcement complaint alleges that Eko Brands, LLC of Woodinville, Washington (“Eko”) and Espresso Supply, Inc. of Seattle, Washington (“Espresso Supply”) have violated a limited exclusion order (“LEO”) and cease and desist orders (“CDOs”) issued in the underlying investigation.

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by ARM alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320.  See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  On March 17, 2016, the Commission issued its final determination and issued an LEO and CDOs directed at Eko and others after finding these entities in default.  According to the enforcement complaint, Espresso Supply recently purchased Eko.

In the enforcement complaint, ARM alleges that Eko and Espresso Supply have violated the LEO and CDOs issued in the underlying investigation.  In particular, ARM accuses Eko and Espresso Supply of continuing to import, market, distribute, sell, and advertise infringing products in violation of the LEO and CDOs.

In view of these alleged violations of the LEO and CDOs, ARM requests that the Commission institute a formal enforcement proceeding pursuant to 19 C.F.R. § 210.75.  With respect to potential remedy, ARM requests that the Commission impose civil penalties for violation of the LEO and CDOs and impose any additional remedies and sanctions that are appropriate and within the Commission’s authority.

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