By Eric Schweibenz and John Presper
On October 2, 2018, Chief ALJ Charles E. Bullock issued Order No. 22 in Certain Carburetors and Products Containing Such Carburetors (Inv. No. 337-TA-1123).

By way of background, this investigation is based on a June 12, 2018 complaint filed by Walbro, LLC of Tucson Arizona (“Walbro”) alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain carburetors and products containing same that infringe one or more claims of U.S. Patent Nos. 6,394,424 (the ’424 patent), 6,439,547 (the ’547 patent), 6,533,254 (the ’254 patent), 6,540,212 (the ’212 patent), and 7,070,173 (the ’173 patent). See our June 12, 2018 and July 17, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

According to the Order, Respondent Ardisam, Inc. (“Ardisam”) moved to terminate the investigation as to Ardisam based on a consent order stipulation and proposed consent order. The Commission Investigation Staff (“Staff’) supported the motion. Walbro opposed the motion on the grounds that the proposed consent order was “improperly restricted” to only the specific products named in the complaint and to the ’254 and ’173 patents. ALJ Bullock disagreed with Walbro and found the language in the proposed consent order not to be limited to the products accused of infringement in the complaint. Accordingly, ALJ Bullock granted the motion.