On January 18, 2013, E.J. Brooks Company of Farmington Hills, Michigan (“Brooks”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Mao Dah Enterprise Co., Ltd. of Taiwan (“Mao Dah”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain utility meter sealing rings and components thereof that infringe one or more claims of U.S. Patent No. 5,851,038 (the ‘038 patent).
According to the complaint, the ‘038 patent generally relates to a sealing ring for utility meters.
In the complaint, Brooks states that Mao Dah imports and sells products that infringe the ‘038 patent.
Regarding domestic industry, Brooks states that its Handi-Ring® product employs technology covered by the ‘038 patent. Brooks further states that a domestic industry exists based on its significant investment in plant and equipment, significant employment of labor and capital, and substantial exploitation of the ‘038 patent through engineering and research and development in the U.S. Brooks specifically refers to its facility in Farmington Hills, Michigan.
With respect to potential remedy, Brooks requests that the Commission issue a general exclusion order—or in the alternative, a limited exclusion order—and a cease and desist order directed at Mao Dah.