Luggage Locks and Patent Infringement
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