Chief ALJ Bullock Finds No Violation of Section 337 in Certain Electronic Stud Finders (337-TA-1221)

On October 7, 2021, Chief ALJ Charles E. Bullock issued a notice regarding his initial determination (“ID”) of no violation of section 337 in Certain Electronic Stud Finders, Metal Detectors and Electronic Scanners (Inv. No. 337-TA-1221).

By way of background, this investigation was instituted based on a complaint by Zircon Corporation of Campbell, California alleging violations of section 337 based on the importation/sale of certain electronic stud finders, metal detectors, and electrical scanners by reason of infringement of certain claims of U.S. Patent No. 6,989,662 (“the ’662 patent”); U.S. Patent No. 7,148,703 (“the ’703 patent”); U.S. Patent No. 8,604,771 (“the ’771 patent”); and U.S. Patent No. 9,475,185 (“the ’185 patent”) by Respondents Stanley Black & Decker, Inc. of New Britain, Connecticut and Black & Decker (U.S.), Inc. of Towson, Maryland.

According to the notice, the ID is based on the following conclusions of law:

• Certain accused products infringe claims 1, 9, and 16 of the ’662 patent.

• Certain domestic industry products practice claims 1, 6, 8, 12, 13, 15, 16, and 17 of the ’662 patent.

• Claim 17 of the ’662 patent is invalid as obvious.

• No accused products infringe any asserted claims of the ’771 patent.

• Certain domestic industry products practice claims 1, 5, 9, 10, 13-15, and 22 of the ’771 patent.

• No asserted claims of the ’771 patent have been shown to be invalid.

• No accused products infringe any asserted claims of the ’185 patent.

• Certain domestic industry products practice claims 1, 2, 5-11, 13-15, 17, and 20-22 of the ’185 patent.

• No asserted claims of the ’185 patent have been shown to be invalid.

• The economic prong of the domestic industry requirement has not been satisfied with respect to any asserted patent.