On June 25, 2013, Chief ALJ Charles E. Bullock issued the public version (dated May 22, 2013) of the Recommended Determination on Remedy (“RD”) in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).
By way of background, the International Trade Commission (the “Commission”) issued its final determination on April 27, 2012 finding a violation of Section 337 with respect to U.S. Patent No. 7,737,809. Regarding remedy, the Commission issued a general exclusion order and a cease and desist order. See our February 27, 2013 post. On August 29, 2012, Complainant Leviton Manufacturing Co., Inc. (“Leviton”) filed a complaint for enforcement proceedings. Following settlement by several respondents, Respondents American Electric Depot Inc. (“AED”); Shanghai ELE Manufacturing Corp. (“Shanghai ELE”); and Shanghai Jia AO Electrical Co., Ltd. (“Shanghai Jia AO”) (collectively, the “Defaulting Respondents”) remained in the proceeding. The Defaulting Respondents failed to respond to ALJ Bullock’s order directing the Defaulting Respondents to show cause why they should not be in default; accordingly, ALJ Bullock issued an order finding the Defaulting Respondents in default.
According to the RD, Leviton sought a cease and desist order and seizure and forfeiture order. Regarding the cease and desist order request, ALJ Bullock inferred that AED has commercially significant inventories of infringing products based on the previous order finding AED in default. Accordingly, ALJ Bullock recommended that the Commission issue a cease and desist order against AED. As to Leviton’s seizure and forfeiture order request, ALJ Bullock determined that Leviton failed to provide evidence that the infringing products were denied entry as required by Commission Rule § 210.75(b)(6)(ii). Therefore, ALJ Bullock recommended that the Commission not issue a seizure and forfeiture order.