In the Matter of Certain Plastic Food Containers; Notice of Investigation

Résumé

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 17, 2004, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Newspring Industrial Corporation of Kearny, New Jersey. A supplement was filed on June 3, 2004. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain plastic food containers by reason of infringement of claims 1-5 of U.S. Patent No. 6,056,138, claims 1-2 and 4-9 of U.S. Patent No. 6,196,404, and of U.S. Design Patent No. D 415,420. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.