ITC Ends Section 337 Case on Gas Spring Nail Products
The International Trade Commission has terminated a Section 337 case on gas spring nailer products and components thereof without issuing any exclusion order (ITC Inv. No. 337-TA-1082), following a motion by complainant Kyocera Senco Industrial Tools. Respondent Koki Holdings America sought further decision-making by the ITC in remand proceedings. However, if Koki were to prevail, the proceeding would amount to a declaratory judgment of noninfringement for Koki, and the ITC said it lacks the authority to proceed.
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The case began with a September 2017 complaint by Kyocera, which accused Hitachi Koki (now known as Koki Holdings America Ltd.) of importing Senco Fusion Nailers that allegedly violated six patents held by Kyocera. In March 2020, the ITC issued a limited exclusion order and cease and desist order against Hitachi/Koki for violating one of the patents at issue. Both Kyocera and Koki appealed the decision to the U.S. Court of Appeals for the Federal Circuit (Kyocera Senco Industrial Tools Inc. v. ITC, Fed. Cir. # 20-1046, -2050). In January, the court decided to vacate the ITC's findings and remanded the case to the ITC. Kyocera no longer seeks relief.