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Vedder Thinking | News IP Trial Attorneys Win ITC Patent Dispute

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The U.S. International Trade Commission (ITC) has upheld the patent for composite wear products manufactured by Magotteaux International, a company specializing in the design and manufacture of advance metal, ceramic and composite materials in crushing, grinding and wear-resistant castings. Magotteaux is headquartered in Belgium and its U.S. affiliate is located in Franklin, Tennessee. The case is captioned: In the Matter of Certain Composite Wear Components and Products Containing Same, number 337-TA-644 in the U.S. International Trade Commission. Vedder Price attorneys John J. Gresens and Robert S. Rigg led the Intellectual Property trial team representing Magotteaux International.

“This is an extremely important victory for Magotteaux,” noted Gresens, “and one that was extremely hard-fought. The client was fully committed to defending its position. Reflecting on the Commission’s order, Bob Rigg commented that: “It was very rewarding to see this issue through to a Final Determination.”

The ITC ruling confirmed the decision by an Administrative Law Judge issued in May 2009 that two companies were in violation of Section 337 of the Tariff Act of 1930 by importing products that infringed the claims of the Magotteaux U.S. Patent RE 39,998. The parts were destined for a variety of heavy industrial applications, including mining and electric power generation. The ITC issued a Limited Exclusion Order against AIA Engineering and Vega Industries and a further Cease and Desist Order against Vega prohibiting them from “importing, marketing, distributing, selling or advertising the covered metal ceramic grinding tools” and prohibits the two companies from aiding others in the importation of these products. A bond was set at 100 percent of entered value for any composite wear components imported into the United States during the 60 day presidential review of the ITC Final Determination.


Robert S. Rigg