|August 8, 2013|
Previously published on August 6, 2013
Chief Administrative Law Judge Charles Bullock of the International Trade Commission (ITC) issued an Initial Determination (ID) in favor of complainants Mt. Derm and Nouveau Cosmetique USA Inc. in Ink Application Devices and Components Thereof (337-TA-832). The ID found that respondent T-Tech Tattoo Device, Inc. violated Section 337 based on infringement of U.S. Patent No. 6,505,530 (the ‘530 patent). The ID also found T-Tech in default for failing to comply with numerous requirements of the procedural schedule. The ID was issued on July 17, 2013, with the public version of the ID released on July 29, 2013.
Mt. Derm's ‘530 patent relates to ink application devices for use in the tattooing industry and permanent makeup field as well as disposable needle cartridges designed to be used with ink application devices. T-Tech's imported products included needle cartridges especially made for use with Mt. Derm's patented machines as well as tattoo grips designed to allow the patented needle cartridges to be used with conventional tattoo machines. Nouveau Cosmetique USA Inc. is the exclusive licensee of the ‘530 patent in the permanent makeup field. Complainants sought summary determination seeking a violation of Section 337 based on patent infringement. In his initial determination, Judge Bullock determined that T-Tech’s products infringed multiple claims of the ‘530 patent.
In addition, the ID found T-Tech to be in default based upon its conduct throughout the litigation. In addition to failing to make a number of submissions required by the procedural schedule, T-Tech refused to provide discovery or participate in mandatory mediation and failed to both serve a number of required prehearing submissions and comply with a number of other procedural rules.
T-Tech is the last remaining respondent in the ITC investigation. Last year, two other respondents, Yiwu Beyond Tattoo Equipments Co., Ltd. and Guangzhou Pengcheng Cosmetology Firm, were found to be in default in this investigation. Complainants have sought a limited exclusion order against respondents. The ITC has until September 3, 2013 to determine whether to review both portions of the ID, relating to violation and default. At that time, the ITC may determine to either review the ID in whole or in part or adopt the findings of the ID and issue a final determination.