April 11, 2023
US ITC to Investigate Hinkley Landscape Lights
WAC Lighting lawsuit alleging patent infringement triggers investigation
The US International Trade Commission (USITC) announced on Monday that it will investigate certain LED landscape lighting devices and products following a complaint filed by Wangs Alliance Corporation, also known as WAC Lighting, against Hinkley Lighting on March 10, 2023, with the complaint supplemented on March 23, 2023.
WAC’s complaint alleges that Hinkley Lighting, based in Avon Lake, OH, has violated Section 337 of the Tariff Act of 1930 by importing and selling LED landscape lighting devices that infringe on three patents held by WAC Lighting.
WAC Lighting has requested that the USITC issue a permanent limited exclusion order and a permanent cease and desist order to prevent Hinkley Lighting from importing or selling infringing products.
This investigation, known as 337-TA-1358, does not imply that the USITC has made a decision on the merits of the case. Instead, the USITC’s Chief Administrative Law Judge will assign the case to an administrative law judge who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337, which will be subject to review by the Commission.
The USITC will make a final determination in the investigation as soon as possible, but no deadline has been set yet. Within 45 days of the investigation’s initiation, the USITC will set a target date for completing the investigation.
It is important to note that any USITC remedial orders in Section 337 cases become effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the US Trade Representative during that period.
