• ALJ Gildea Issues Initial Determination In Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756)
  • February 7, 2012 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On February 1, 2012, ALJ E. James Gildea issued a notice regarding the Final Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

    By way of background, the Complaint in this investigation is Schweitzer-Mauduit International Inc.  The Respondents are Julius Glatz GmbH, LIPtec GmbH, and KneX Worldwide LLC (collectively, the “Respondents”).

    According to the notice, ALJ Gildea determined that no violation of Section 337 had occurred by the Respondents in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain reduced ignition proclivity cigarette paper wrappers by reason of infringement of (i) claims 1-6, 10-18, and 22-25 of U.S. Patent No. 5,878,753 (the ‘753 patent), and (ii) claims 36, 43, and 45 of U.S. Patent No. 6,725,867 (the ‘867 patent).

    ALJ Gildea further determined that a domestic industry does not exist that practices the ‘753 patent.  ALJ Gildea also determined that a domestic industry does exist that practices the ‘867 patent.

    With respect to the public interest, ALJ Gildea determined that enforcement of a remedy in this investigation would not raise public interest issues.

    The notice issued by ALJ Gildea released only the first two pages of the ID.  We will provide additional information after the public version of the ID issues in its entirety.