On May 3, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Overflow And Drain Assemblies For Bathtubs and Components Thereof (Inv. No. 337-TA-992).

By way of background, this investigation is based on an April 4, 2016 complaint filed by WCM Industries, Inc. of Colorado Springs, Colorado alleging violation of Section 337 in the importation into the U.S. and sale of certain overflow and drain assemblies for bathtubs and components thereof that infringe one or more claims of U.S. Patent Nos. 8,302,220; 8,321,970; 8,584,272; and 9,200,436. See our April 4, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following as the respondents:

  • Bridging Partners Corp. of Taiwan
  • Better Enterprise Co. Ltd. of Taiwan
  • Everflow Industrial Supply Corp. of Taiwan

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.

Lastly, Chief ALJ Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this matter