Glow Fish Tape Patent Fight Lands Milwaukee Tools in Federal Hot Water
Published Date: 11/9/2026
Notice
Summary
The U.S. International Trade Commission found Milwaukee Electric Tool guilty of selling glow fish tape systems that break a patent owned by Klein Tools. Milwaukee must stop selling these products in the U.S. and face a limited ban on imports, with a 100% bond on any shipments during review. This means Milwaukee’s glow fish tape systems are officially off-limits, protecting Klein’s invention and shaking up the market.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
100% bond required during Presidential review
The Commission set a bond equal to 100 percent (100%) of the entered value of covered infringing products imported during the period of Presidential review. The initial recommended remedy materials referenced a 60-day period of Presidential review; the Commission's final action directs a 100% bond during the period of Presidential review (19 U.S.C. 1337(j)).
Import ban on specified glow fish tape products
The U.S. International Trade Commission issued a limited exclusion order (LEO) prohibiting the importation of certain glow fish tape products and components that infringe claim 6 of U.S. Patent No. 12,187,573 (the '573 patent). The Commission voted on this determination on November 4, 2026, and the LEO was delivered to the President and U.S. Trade Representative on the day of issuance.
Milwaukee ordered to stop U.S. sales
The Commission issued a cease and desist order (CDO) requiring Milwaukee Electric Tool Corporation to stop importing and selling in the United States certain glow fish tape products and components that infringe claim 6 of the '573 patent. The determination and orders were issued on November 4, 2026.
'265 helmet patent found invalid as obvious
The Commission reversed a prior finding and determined that the asserted claims of U.S. Patent No. 12,268,265 (the '265 patent) are invalid as obvious, and therefore Milwaukee did not violate section 337 with respect to that patent. The Commission announced this determination in its opinion accompanying the November 4, 2026 vote.
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