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Vedder Thinking | News Vedder Price Obtains General Exclusion Order for Presto Specialty Products, a Division of Reynolds Presto Products Inc.

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Vedder Price’s, Intellectual Property team successfully obtained a General Exclusion Order halting all child-resistant slider products infringing its client’s, Reynolds Presto Products Inc.’s patents, from entering the United States, regardless of source, to protect the U.S. market and consumers of this important technology.

Administrative Law Judge Clark S. Cheney of the U.S. International Trade Commission (ITC) released his Initial Determination in Investigation No. 337-TA-1171. In his findings it was determined that Presto’s patents on its state-of-the-art Child-Gard® child-resistant slider closures were being infringed and illegally imported into the United States by Takebishi Packing Industry Co. and its affiliates.

On April 21, 2020, Judge Cheney agreed with Presto’s allegations of infringement and issued his Initial Determination recommending a General Exclusion Order and the establishment of a 100% bond for importation during the subsequent 60-day Presidential review period. The ITC decided not to review that determination on June 5, 2020. The President has 60 days to review the ITC decision.

Presto’s patented Child-Guard® child-resistant slider closure system was invented in the United States by Presto’s Fresh-Lock® closures business team to meet the need for child resistant consumer packaging, and is covered by numerous U.S. and foreign patents. Presto’s Child-Guard® system meets the legal requirements for child resistance under the federal Poison Prevention Packaging Act.

“The recent determination of infringement with a general exclusion order is a complete victory for the Presto Specialty Products division and all our customers,” said Brad Hansen, president of Reynolds Presto Products Inc.’s Presto® Products Specialty division. “It is important that current and future customers of Fresh-Lock® closures understand that we will always take action to protect their reputation, our working relationship, and the legitimacy of the products we provide to them. The entire Presto business is grateful to the Vedder Price team for achieving such an outstanding result for the company. Complete success in any litigation is rare, but the Vedder Price team absolutely delivered.”

The Vedder Price Intellectual Property team was led by Shareholder Daniel H. Shulman. “We are very pleased with the work that Vedder Price provided in this complex and important case,” said Mr. Shulman. “We are particularly proud to be able to protect the U.S. market from lower quality imports that could put children at risk and also delegitimize the quality products of our client.” Mr. Shulman also noted, “It is rare to receive a general exclusion order, which prohibits importation of all infringing products, regardless of source. That we were able to convince the Administrative Law Judge that such an extraordinary remedy is appropriate in this case is a testament to Presto’s innovation, the quality of its made in the U.S.A. Child-Guard® products, and a strong team at Vedder Price.” In addition to Mr. Shulman, the Vedder Price team included Sudip K. Mitra and Allison M. Haas.



Professionals



Allison M. Haas



Sudip K. Mitra

Associate



Daniel H. Shulman

Shareholder