Trade Commission probes nanolaminate alloy patent invaders
Published Date: 1/22/2025
Notice
Summary
Modumetal, Inc. has asked the U.S. International Trade Commission to investigate certain nanolaminate alloy coated metal parts that might be infringing on their patents. This could lead to restrictions on importing and selling these products in the U.S., affecting companies involved in making or selling them. The investigation started in January 2025 and could impact trade and business money flows soon.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Investigation into ToughShield Plus Coated Parts
On January 15, 2025 the U.S. International Trade Commission opened an investigation into alleged patent infringement of U.S. Patent No. 10,253,419 and U.S. Patent No. 11,242,613 for metal parts coated with Parker Hannifin's ToughShield® Plus coating and bundles containing such parts. The complainant asked the Commission to issue a limited exclusion order and cease and desist orders after the investigation, which could block certain imports or sales of those coated metal parts in the United States.
Respondents Face Default Risk if They Don’t Respond
Named respondents must file responses in accordance with the Commission's rules, and such responses will be considered only if received no later than 20 days after service by the complainant. If a respondent fails to file a timely response to each allegation, the Commission may treat that as a waiver and may enter findings and issue an exclusion order or a cease and desist order without further notice.
Scope Narrowed — Imported Components Excluded
The Commission modified the investigation's plain-language scope by removing the phrase about "components that are metal parts imported into the United States for domestic ToughShield Plus finishing." That means, as instituted, the investigation does not include metal components imported for domestic finishing unless the complainant later files factual allegations to amend the complaint.
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