International Trade Commission June 17, 2011 – Federal Register Recent Federal Regulation Documents
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In the Matter of Certain Muzzle-Loading Firearms and Components Thereof; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
Notice is hereby given that a complaint and a motion for temporary relief were filed with the U.S. International Trade Commission on May 11, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Thompson/Center Arms Company, Inc. of Springfield, Massachusetts and Smith & Wesson Corp. of Springfield, Massachusetts. A supplement to the complaint was filed on June 2, 2011. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain muzzle-loading firearms and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,908,781 (``the `781 patent''); U.S. Patent No. 7,814,694 (``the `694 patent''); U.S. Patent No. 7,140,138 (``the `138 patent''); U.S. Patent No. 6,604,311 (``the `311 patent''); U.S. Patent No. 5,782,030 (``the `030 patent''); and U.S. Patent No. 5,639,981 (``the `981 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. The motion for temporary relief requests that the Commission issue a temporary limited exclusion order and temporary cease and desist order prohibiting the importation into and the sale within the United States after importation of certain muzzle-loading firearms and components thereof that infringe claim 11 of the `781 patent; claims 1- 3 and 10-12 of the `694 patent; claims 19 and 20 of the `138 patent; claims 1 and 6 of the `311 patent; claims 1-5 of the `030 patent; and claims 1 and 2 of the `981 patent during the course of the Commission's investigation.
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