On August 27, 2010, the Court of Appeals for the Federal Circuit issued its opinion on the appeal from Inv. No. 337-TA-615, General Protecht Corp. v. ITC. The Court affirmed certain portions of the Commission's decisions and disagreed with others. The Commission determined that that Respondents General Protecht Corp., Wenzhou Trimone Science and Technology Electric Co. Ltd., and Shanghai ELE Mfg. Corp.'s importation into the United States, sale for importation or sale within the United States of certain ground fault circuit interrupters (GFCIs) violated section 337. According to the Commission, devices manufactured by the Respondents infringed U.S. Patent Nos. 7,283,340; 5,594,398 and 7,164,564 and a limited exclusion order was an appropriate remedy.
The Federal Circuit determined that the Commission erred in three respects: (1) General Protecht Group's 2003 and 2004 GFCIs and ELE's 2006 GFCIs do not infringe the '340 Patent, because they do not have a "detection circuit" as claimed in the patent; (2) Trimone's 2006 GFCIs and ELE's 2006 GFCIs do not infringe the '340 patent, because the "load terminals" of the patent do not include receptacle outlets; and (3) General Protecht Group's 2006 GFCIs do not infringe the '398 patent because General Protecht Group performs the function of the "latching means" in a different way than described in the patent. The Court remanded for further proceedings in these three areas, but affirmed the Commission's determination in all other respects.