On January 21, 2016, Edgewell Personal Care Brands, LLC of Chesterfield, Missouri (“Edgewell”) and International Refills Company Ltd. of Barbados (collectively, “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Munchkin, Inc. of Van Nuys, California; Munchkin Baby Canada Ltd. of Canada; and Lianyungang Brilliant Daily Products Co. Ltd. of China (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain diaper disposal systems and components thereof, including diaper refill cassettes, that infringe one or more claims of U.S. Patent Nos. 8,899,420 (the ‘420 patent) and 6,974,029 (the ‘029 patent) (collectively, the “asserted patents”). 

According to the complaint, the asserted patents generally relate to a system that allows households to dispose of soiled diapers in a hygienic manner, while substantially reducing odor.  In particular, the ‘420 patent relates to a cassette for packing disposable objects within an elongated tube of flexible material, such that the packaged waste may be maintained in a hygienic and substantially odor-free manner.  The ‘029 patent relates to a cassette for use in a waste disposal system that stores and dispenses pleated tubing, which is used to form a temporary receptacle for waste, such as soiled diapers, in a hygienic manner.

In the complaint, Complainants state that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically refers to Current Nursery Fresh, Up & Up, and Comforts for Baby Refill Cassettes; and Old Nursery Fresh and Up & Up Refill Cassettes, as infringing products.

Regarding domestic industry, Complainants state that Edgewell offers several models of its Diaper Genie System in the U.S. that practice one or more claims of each of the asserted patents.  Complainants further state that Edgewell has spent millions of dollars in the U.S. to design, develop, manufacture, assemble, package, distribute, and provide support relating to the Diaper Genie System.

As to related litigation, Complainants state that, concurrently with the filing of the instant ITC complaint, they are also filing a complaint in the U.S. District Court for the District of Connecticut alleging infringement of the asserted patents.

With respect to potential remedy, Complainants request that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents and related entities.