By John Presper

On October 27, 2021, the ITC issued a Notice of Investigation in Certain Composite Baseball and Softball Bats and Components Thereof (Inv. No. 337-TA-1283).

By way of background, this investigation is based on a September 27, 2021 complaint filed by Easton Diamond Sports, LLC of Thousand Oaks, California (“Easton”) alleging a violation of section 337 by Respondents Juno Athletics LLC of Aventura, Florida; Monsta Athletics LLC of Calimesa, California; and Proton Sports Inc. of Scottsdale, Arizona (collectively, “Respondents”) in the unlawful importation and/or sale in the U.S. of certain composite baseball and softball bats and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,997,826 (“the ’826 Patent”).

According to the complaint, the ’826 patent generally relates to baseball and softball bats with an elongated handle portion, a tapered midsection, and a barrel portion used for striking the baseball or softball that allows for multiple structural layers (i.e., multi-walled bats).  The accused products are composite baseball and softball bats and components thereof marketed under various brand names. Easton is requesting that the Commission issue limited exclusion orders and permanent cease-and-desist orders directed to Respondents.  According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation.  Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he will preside in the investigation.

Copyright © 2022 Oblon, McClelland, Maier & Neustadt, L.L.P.