22
Mar
By John Presper

On March 17, 2022, the Commission issued a notice of its final determination of a violation of section 337 and issuance of a general exclusion order (“GEO”) in Certain Electric Shavers and Components and Accessories Thereof (Inv. No. 337-TA-1230).

By way of background, this investigation is based on an October 13, 2020 complaint filed by Skull Shaver, LLC of Moorestown, New Jersey (“Skull Shaver”) alleging violations of section 337 by 11 respondents based on the importation and/or sale of certain electric shavers and components and accessories thereof that infringe U.S. Patent No. 8,726,528 (“the ’528 patent”) and U.S. Design Patent No. D672,504 (“the ’504 patent”).  Eight respondents were found in default.  On November 18, 2021, ALJ MaryJoan McNamara issued an initial determination (“ID”) granting-in-part Skull Shaver’s motion for summary determination, and recommended issuance of a GEO and cease-and-desist orders (“CDOs”) against Respondents Yiwu City Qiaoyu Trading Co., Ltd. and Yiwu Xingye Network Technology Co., Ltd.  See our December 27, 2021 post for more details regarding the ID.

According to the notice, the Commission determined to review the ID’s findings concerning the economic prong of domestic industry, and on review, affirm those findings.  The Commission also agreed with the ALJ that the appropriate remedy is a GEO and CDOs against Yiwu City and Yiwu Xingye, and entered a bond of 100%.

We will post the Commission's opinion when it becomes available.

UPDATE:  On May 3, 2022, the Commission issued the public version of its opinion.
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