ITC Institutes Patent Investigation of Certain Self-Extinguishing Cigarette Papers

(The products at issue in this investigation are cigarette paper wrappers coated with a substance that makes it likely that the cigarettes will self-extinguish if left unattended and not start an accidental fire.)

Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Schweitzer-Mauduit International, Inc., of Alpharetta, GA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of reduced ignition proclivity cigarette paper wrappers and products containing same that infringe patents asserted by the complainant.

The complainant requests that the ITC issue an exclusion order and a cease and desist order.

Companies Alleged to Be in Violation of Section 337

The ITC has identified the following companies as the respondents alleged to be in violation of section 337 in this investigation:

• Astra Tobacco Corporation of Chapel Hill, NC;
• delfortgroup AG of Austria;
• Julius Glatz of GmbH of Germany; and
• LIPtec GmbH of Germany.

ALJ to Determine if Violation Occurred

By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.

(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)

¹Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.

(Press release dated 01/13/11, Inv. No. 337-TA-756)