On October 7, 2021, Chief ALJ Charles E. Bullock issued a notice regarding his initial determination (“ID”) of no violation of section 337 in Certain Electronic Stud Finders, Metal Detectors and Electronic Scanners (Inv. No. 337-TA-1221).

By way of background, this investigation was instituted based on a complaint by Zircon Corporation of Campbell, California alleging violations of section 337 based on the importation/sale of certain electronic stud finders, metal detectors, and electrical scanners by reason of infringement of certain claims of U.S. Patent No. 6,989,662 (“the ’662 patent”); U.S. Patent No. 7,148,703 (“the ’703 patent”); U.S. Patent No. 8,604,771 (“the ’771 patent”); and U.S. Patent No. 9,475,185 (“the ’185 patent”) by Respondents Stanley Black & Decker, Inc. of New Britain, Connecticut and Black & Decker (U.S.), Inc. of Towson, Maryland.

According to the notice, the ID is based on the following conclusions of law:

  • Certain accused products infringe claims 1, 9, and 16 of the ’662 patent.
  • Certain domestic industry products practice claims 1, 6, 8, 12, 13, 15, 16, and 17 of the ’662 patent.
  • Claim 17 of the ’662 patent is invalid as obvious.
  • No accused products infringe any asserted claims of the ’771 patent.
  • Certain domestic industry products practice claims 1, 5, 9, 10, 13-15, and 22 of the ’771 patent.
  • No asserted claims of the ’771 patent have been shown to be invalid.
  • No accused products infringe any asserted claims of the ’185 patent.
  • Certain domestic industry products practice claims 1, 2, 5-11, 13-15, 17, and 20-22 of the ’185 patent.
  • No asserted claims of the ’185 patent have been shown to be invalid.
  • The economic prong of the domestic industry requirement has not been satisfied with respect to any asserted patent.

We will post the public version of the ID when it becomes available.