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UTISC Insitutes Investigation Involving Luggage Inspection Methods

Posted by safeskies on Oct 20, 2009 in TSA Lock

USITC INSTITUTES SECTION 337 INVESTIGATION OF

PATENT INFRINGEMENT LAWSUIT INVOLVING AIRPORT SECURITY

LUGGAGE INSPECTION METHODS

(Washington, D.C., October 20, 2009) – Last week, the U.S. International Trade Commission (USITC) voted to institute an investigation of 20 dual access locks and products based on a Complaint filed by Roetzel & Andress on September 15, 2009 on behalf of David Tropp and Safe Skies, LLC for patent infringement against foreign luggage lock manufacturers. The investigation under Section 337 of the Tariff Act, is based on the unlawful importation into the U.S., sale for importation, and/or sale after importation of airport security-friendly luggage locks which infringe Mr. Tropp’s patents.

The Complaint seeks to have infringing locks excluded from importation into the United States. The USITC exclusion orders are enforced by the U.S. Customs and Border Protection, Department of Homeland Security.

The USITC will make a final determination in the investigation at the earliest practicable time. USITC remedial orders in Section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative.

In 2002, Tropp developed an innovative system for making airline luggage inspection secure while accommodating the needs of the traveler. The system involves a special dual access lock, called the “TSA Lock,” available to airline travelers that can be opened by both the luggage owner and the Transportation Security Administration (“TSA”). This system provides a solution to the problem of clipped locks resulting from the TSA’s policy of cutting locks on luggage, if necessary, for inspection. The TSA Lock, currently used by more than 60 million travelers and recognized by 50,000 TSA officers in 400 U.S. airports, was patented by Tropp in April of 2006 and is covered by two U.S. patents, both entitled “Method of Improving Airline Luggage Inspection.”

The foreign lock manufacturers named in the Complaint, based in five countries with the majority located in China, have unlawfully manufactured, imported and distributed identical dual-entry TSA Locks into U.S. retail and distribution outlets. All infringing companies make TSA locks, baggage or luggage incorporating TSA locks and collaborate with Travel Sentry, also being sued for patent infringement. The impact of these infringements is not only lost domestic sales for Tropp’s patented methods, but also compromised security issues relating to possible tampering of luggage with clipped locks.

For additional information about this case, please contact Donald Dinan at 202.216.8302.

About Roetzel & Andress, L.P.A.

Founded in 1876, Roetzel & Andress is a law firm with 11 offices throughout Ohio, Florida and Washington, D.C. The firm has more than 220 attorneyswho provide comprehensive, integrated legal counsel in more than 40 different areas of law, and practice both nationally and internationally. For more information, visit www.ralaw.com.

About Safe Skies LLC

Safe Skies LLC (www.safeskieslocks.com) sells 100+ different styles of TSA luggage locks accepted and recognized by TSA and by United Kingdom’s Her Majesty’s Revenue and Customs (HMRC). All Safe Skies TSA Locks are protected by US Patents 7,021,537 and 7,036,728 with worldwide patents pending.

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Luggage Locks and Patent Infringement

Posted by admin on Oct 15, 2009 in TSA Lock

October 15, 2009
News Release 09-083
Inv. No. 337-TA-689
Contact: Peg O’Laughlin, 202-205-1819

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DUAL ACCESS LOCKS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dual access locks and products containing same. The products at issue in this investigation are known as “TSA locks” and are designed so that they can be opened with a master key by security personnel at an airport should it be deemed necessary to open the locked baggage for further screening.

The investigation is based on a complaint filed on September 15, 2009, by Safe Skies, LLC, and David Tropp, both of Brooklyn, NY. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dual access locks and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

C&C Luggage Manufacturing Co., Ltd., of China;
Diplomat of Taiwan;
Hangzhou Gema Suitcases & Bags Co. Ltd. of China;
La Pearl Luggage and Leather Goods Co., Ltd., of China;
Hinomoto Jomae, Ltd., of Japan;
Sinox Company, Ltd., of Taiwan;
Yi Feng Manufacturing Co., Ltd., of China;
Jin Tay Industries Co., Ltd., of Taiwan;
FULLYEAR-Brother Enterprise Co., Ltd., of Taiwan;
Zhuhai SkyGood Tech. Industrial Corp., Ltd., of China;
Ningbo Xianfeng Art & Craft Co., Ltd., of China;
Paloma Enterprises Co., Ltd., of Taiwan;
Tekraft Industrial Co., Ltd., of Taiwan;
Hangzhou Travelsky Co., Ltd., of China;
The Sun Lock Company, Ltd., of Hong Kong;
Alloy Metal Manufactory, Ltd., of Hong Kong;
Cometform, Ltd., of England;
Design Go Ltd. of England;
Franzen International of Germany; and
M-Power Lock Manufactory of Hong Kong.

By instituting this investigation (337-TA-689), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

http://www.usitc.gov/press_room/news_release/2009/er1015gg1.htm

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