ITC Ends Section 337 Investigation on Electronic Candles
The International Trade Commission has ended its Section 337 investigation on electronic candles, according to a Federal Register notice to be published July 20 (ITC Inv. No. 337-TA-1195).
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The ITC instituted this investigation in 2020 based on a complaint filed by L&L Candle of Brea, California, and Sotera Tschetter of St. Paul, Minnesota, that alleged infringement of five patents related to electronic candle products.
Of the 22 named respondents, 17 were terminated based on consent orders, settlement agreements, voluntary withdrawals of the complaint, or summary determinations. The remaining five -- Veraflame, Ningbo Mascube, Ningbo Shanhuang, Yiwu Shengda and Virtual Candles -- were found to be in default for failure to respond.
In August 2021, the ITC sent the investigation to Chief Administrative Law Judge Charles Bullock for a remand determination. Bullock issued his determination in December, finding that the complainants failed to establish the economic prong of the domestic industry requirement. In January, the complainants filed a petition for review of the remand initial determination; the commission agreed in April to review the RID. It affirmed July 14 the RID finding that the complainants failed to establish the economic prong of the domestic industry requirement in this investigation, and determined that there was no violation of Section 337, thus terminating the investigation.