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ITC Votes to Institute Patent Investigation on Certain Electric Fireplaces

The International Trade Commission has voted to institute an investigation of certain electric fireplaces, components thereof, and manuals for same, processes for manufacturing or relating to same, and products containing same. The products at issue in this investigation are electric fireplaces and fireplace inserts designed to approximate the look of a real, wood-burning fireplace.

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The investigation is based on a complaint filed by Twin-Star International, Inc., of Delray Beach, FL and TS investment Holding Corp. of Miami, FL on December 13, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of such articles that misappropriate trade secrets and infringe copyrights asserted by the complainants. The complaints also allege violations of section 337 based on breach of contract and tortious interference with contract.

The complainants request that the ITC issue an exclusion order and a cease and desist order and an order instructing respondents to immediately and verifiably turn over to complainants all documents and things in their possession, custody or control that contain or embody complainants' trade secrets or any information derived from complainants' trade secrets.

The ITC has identified the following as respondents in this investigation:

  • Shenzhen Reliap Industrial Co. of China;
  • Yue Qiu Sheng (aka Jason Yue) of China; and
  • Whalen Furniture Manufacturing Inc. of San Diego, CA.

(See ITT's Online Archives 11121911 for summary of the filing of this patent complaint.)

Subsequent Federal Register Notice (Pub 01/19/12) is available here.