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Archived updates for Wednesday, September 20, 2006

Honda Files Unfair Import Complaint Against Wuxi Kipor Power

On September 19, 2006, Honda filed a "Section 337" complaint requesting that an unfair import investigation be instituted involving "Engines, Components Thereof and Products Containing the Same." The proposed respondent is Wuxi Kipor Power Co., Ltd., of China, and the complaint has been designated as confidential and assigned Docket No. 337-2502.

Such complaints typically include an allegation of intellectual property infringement and a request that the infringing godds be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

Click here for more information on the importance of monitoring these ITC investigations, and click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission." For the latest details on a particular Section 337 investigation and/or other intellectual property matter, contact me, Bill Heinze (Bill.Heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia.
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