Contact Information: Contact: Rick Tillotson 603-255-3640 RickTillotson@TillotsonCorp.com
Tillotson Files Federal Circuit Appeal of ITC Determination
| Source: Tillotson Corporation
WASHINGTON, DC--(Marketwire - June 11, 2009) - Tillotson Corporation has filed its Appeal
Brief with the US Court of Appeals for the Federal Circuit, appealing a
Determination by the International Trade Commission (ITC) on December 22,
2008 related to patented comfortable disposable Nitrile gloves.
The Appeal Brief states the errors of law that resulted in the ITC's
December Determination of No Violation of Section 337, despite also
determining that all 52 foreign manufacturers and US importers of these
gloves had infringed at least one claim of Tillotson's Reissue Patent No.
Re. 35,616 (the Patent). If the Appellate Court agrees, Tillotson hopes a
general exclusion order could be quickly imposed by the ITC, which would
not only bar subsequent importation, but also include a restraining order
to prohibit distribution of infringing gloves already imported.
"Regardless of the outcome of Tillotson's appeal, the Patent and
Tillotson's license agreements remain unaffected by this administrative
decision of the ITC regarding illegal importation," said Rick Tillotson,
Vice President of Tillotson Corporation. "We appealed the ITC's decision
to support our licensees regarding illegal importation. Tillotson did not
need to appeal that decision to preserve its agreements or its intellectual
property rights."
The US District Courts alone have exclusive jurisdiction to make
determinations of patent infringement, invalidity and enforcement. The ITC
has no jurisdiction or power to invalidate a patent or declare a patent
unenforceable, and is only authorized to address patent issues to the
extent of making administrative determinations under 19 U.S.C. § 1337. The
Patent and Tillotson's agreements relative to the Patent remain valid and
fully enforceable, regardless of the ITC Determination or any appeal
thereof.
During the appeal period, most, if not all, existing District Court
proceedings against the Respondents and other infringers of the Patent may
remain stayed. When such stays are eventually lifted, infringing
defendants will then have to face the still-existing risk of damages for
their infringements occurring during a period from six years prior to
filing of the District Court action, up until the date of a Court decision
finding infringement. Tillotson fully expects its licensees, and others,
to abide by the terms of their agreements, including the payment of
royalties due in a timely manner. Tillotson intends to defend the
competitive interests of its licensees, with an appropriate legal response
to any failure to abide by such terms.