New Seizure and Forfeiture Order Issued for Epson 337 Case

U.S. International Trade Commission has issued a seizure and forfeiture order which is based on 19 U.S.C. § 1337. The order is related to imported products covered by the Commission’s modified general exclusion order (GEO) issued in April 2012 after instituting the investigation No. 337-TA-565.

According to the Commission, the U.S Bureau of Customs and Border Protection (Customs) reported that investigated companies attempted to import the GEO-covered products into the United States. In addition to denying entry of the related products, the Customs provided a written notice of the aforesaid exclusion order and will seize those related products if those companies are still trying to import them into the country.

The companies who were ordered and informed are:

• North Carolina-based Dram Tree Distributors
• New Jersey-based LST Products LLC
• California-based Nano Pacific Corp.
• Or any affiliated companies, parents, subsidiaries, or other related business entities, or any of their successors or assigns.

The Commission added that copies of this order have been sent to the Secretary of the Treasury, Washington-based and Long Beach-based offices of U.S. Customs and Border Protection and the ordered firms, with counsel for Epson Portland, Epson America, and Seiko Epson Corporation Japan, who are the complainants in the investigation No. 337-TA-565.

Epson filed a complaint on Feburary 3, 2011, requesting an investigation under Section 337 of the Tariff Act of 1930. Epson Portland Inc., Epson America, Inc., and Seiko Epson Corporation jointly filed the complaint regarding certain ink cartridges and components. Epson claimed that 11 of its patents were infringed. Later, USITC terminated the investigation with a GEO on April 16, 2012.