Section 337 Victory in Wood Flooring Investigation

Steptoe's Section 337/ITC Litigation attorneys have achieved a victory for Yekalon Industry, Inc., in the ITC's wood flooring investigation.  The judge found that the new product design developed by the Steptoe team with the client during the early part of the investigation did not infringe the three patents that the complainant, Unilin, asserted.  Steptoe attorneys convinced the ALJ to allow the new design to be considered at trial after an 11th-hour importation of sample products.  Based upon the testimony of Yekalon’s expert witness in the wood joinery art, the team persuaded the ALJ that the newly designed product was properly includable in the case and that it did not infringe the patent claims asserted.  This decision leaves Yekalon with a product found not to infringe any of the complainant's patents and as one of the few companies that can continue to import this product into the United States if the Commission adopts the ALJ's opinion.  The decision will be final in October.

Yekalon is a leading supplier of building materials in China.