Nortek Security & Control LLC (NSC) has announced that an administrative law judge (ALJ) of the U.S. International Trade Commission (ITC) has issued a notice finding that there was no violation of Section 337 of the Tariff Act of 1930 in connection with the patent infringement action brought against Nortek by The Chamberlain Group, Inc.
The ALJ found that none of the products Nortek currently sells infringe any of Chamberlain’s patents and that one of the asserted patents is invalid. In addition, the ALJ ordered Chamberlain to pay attorney fees and costs to compensate Nortek for Chamberlain’s sanctionable conduct during discovery. Nortek has not yet received a public version of the ALJ’s full opinion.
“We have been vindicated by the ALJ’s determination, which is underscored by her decision to sanction Chamberlain for its improper conduct, and we look forward to maintaining her ruling if Chamberlain asks that it be reviewed by the Commission. We remain steadfast in our commitment to honour intellectual property rights and will continue to innovate and develop our own new products to bring to market for our customers,” said Dan Schatz, senior vice president and general counsel at NSC.
In June 2018 Chamberlain filed a complaint with the ITC requesting an investigation pertaining to certain products of NSC. The complaint sought an exclusion order barring the importation, sale for importation and sale after importation of products that were alleged to infringe certain Chamberlain patents. An evidentiary hearing was held before the ALJ in June 2019.
