ITC Commissioners Vote to Review Determination in Eyelash Extension Case
The International Trade Commission announced Jan. 25 that it voted to review in part a determination by an administrative law judge in a Section 337 investigation regarding artificial eyelash extensions (ITC Inv. No. 337-TA-1226). The Oct. 28 determination found no violation of Section 337 had occurred. That determination came one year after the investigation was instituted in October 2020, following a complaint by Lashify that alleged infringement of four patents by nine named respondents, including CVS and Walmart.
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Although the judge concluded that patents had been infringed, he found that Lashify failed to prove a sufficient domestic industry for Section 337 to have been violated. The determination also included a recommendation on remedy should the commission overturn the judge's determination. The recommendation included a limited exclusion order and cease and desist orders directed to KISS, Ulta Beauty, CVS and Walmart. Due to the commissioners' review, the ITC has extended the target date to April 27. The ITC requests submissions regarding public interest, remedy and bonding by Feb. 3.