Certain Storage Containers and Toolboxes, Organizers, Component Boxes, and Coolers; Notice of a Commission Determination To Find a Violation of Section 337; Issuance of Remedial Orders; Continued Proceedings as to One Patent; Extension of Target Date

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission has determined to find a violation of section 337 of the Tariff Act of 1930, as amended, with respect to U.S. Patent Nos. 11,365,026 ("the '026 patent") and 11,794,952 ("the '952 patent"). The Commission has determined that the appropriate remedy is the issuance of a limited exclusion order ("LEO") and a cease and desist order ("CDO") with respect to those patents. The Commission has further determined to set a bond in the amount of eighteen percent (18%) of entered value for covered articles imported or sold during the period of Presidential review. The Commission has not reached a final determination with respect to U.S. Patent No. 11,952,167 ("the '167 patent"). The target date for completion of the above-captioned investigation is extended to November 2, 2026.

Full Text

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<title>Federal Register, Volume 91 Issue 190 (Friday, October 2, 2026)</title>
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[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Notices]
[Pages 62746-62748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20208]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1409]


Certain Storage Containers and Toolboxes, Organizers, Component 
Boxes, and Coolers; Notice of a Commission Determination To Find a 
Violation of Section 337; Issuance of Remedial Orders; Continued 
Proceedings as to One Patent; Extension of Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to find a violation of section 337 of the 
Tariff Act of 1930, as amended, with respect to U.S. Patent Nos. 
11,365,026 (``the '026 patent'') and 11,794,952 (``the '952 patent''). 
The Commission has determined that the appropriate remedy is the 
issuance of a limited exclusion

[[Page 62747]]

order (``LEO'') and a cease and desist order (``CDO'') with respect to 
those patents.
    The Commission has further determined to set a bond in the amount 
of eighteen percent (18%) of entered value for covered articles 
imported or sold during the period of Presidential review. The 
Commission has not reached a final determination with respect to U.S. 
Patent No. 11,952,167 (``the '167 patent''). The target date for 
completion of the above-captioned investigation is extended to November 
2, 2026.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#31747578620279545d417144425845521f565e47"><span class="__cf_email__" data-cfemail="2560616c76166d4049556550564c51460b424a53">[email&#160;protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on July 19, 2024, based upon a complaint filed on behalf of Milwaukee 
Electric Tool Corporation of Brookfield, Wisconsin and Keter Home and 
Garden Products Ltd. of Israel (collectively, ``Complainants''). 89 FR 
58764-65 (July 19, 2024). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain storage containers and toolboxes, 
organizers, component boxes, and coolers by reason of infringement of 
certain claims of the '026 patent, the '952 patent, and the '167 
patent. The Commission's notice of investigation named as the 
respondent Klein Tools, Inc. of Lincolnshire, Illinois (``Klein''). The 
Office of Unfair Import Investigations is not a party to this 
investigation.
    Over the course of the investigation, Complainants withdrew their 
allegations as to certain asserted claims. See Order No. 15 (Jan. 24, 
2025), unreviewed by Comm'n Notice (Feb. 18, 2025); Order No. 19 (Feb. 
11, 2025), unreviewed by Comm'n Notice (Feb. 24, 2025); Order No. 20 
(Feb. 27, 2025), unreviewed by Comm'n Notice (Mar. 13, 2025). The 
asserted claims that remain are claims 4 and 8 of the '026 patent; 
claims 3, 4, 8, and 16 of the '952 patent; and claims 2, 5, 8, 14, and 
15 of the '167 patent. See Order No. 20 at 2 n.1.
    On August 1, 2025, the Chief Administrative Law Judge (``CALJ'') 
issued a final initial determination (``FID''), which finds a violation 
of section 337. Specifically, the FID finds that claims 4 and 8 of the 
'026 patent; claims 3, 4, 8, and 16 of the '952 patent; and claims 2, 
5, 8, 14, and 15 of the '167 patent are infringed and not invalid. The 
FID also finds that the domestic industry requirement has been 
satisfied for each of the Asserted Patents pursuant to section 
337(a)(3)(A) and (B). The FID declines to make findings as to whether 
Complainants have satisfied the domestic industry requirement under 
section 337(a)(3)(C). The FID also includes the CALJ's Recommended 
Determination, which recommends that, if the Commission finds a 
violation of section 337, then the Commission should issue a limited 
exclusion order, a cease and desist order against Klein, and impose a 
bond of 63 percent of the entered value of infringing articles imported 
during the period of Presidential review.
    On August 15, 2025, Klein filed a petition for Commission review of 
the FID as to the economic and technical prongs of the domestic 
industry requirement, and invalidity based on certain prior art. On 
August 28, 2025, Complainants filed a response to the petition.
    On September 2, 2025, Complainants filed a public interest 
submission pursuant to Commission Rule 210.50(a)(4)(i), 19 CFR 
210.50(a)(4)(i). The Commission did not receive any submissions 
pursuant to the Federal Register notice published after issuance of the 
RD. See 90 FR 38175-76 (Aug. 7, 2025).
    On January 21, 2026, the Commission determined to review ``the 
FID's findings concerning the economic prong of the domestic industry 
requirement, patent invalidity, and the technical prong of the domestic 
industry requirement, as well as any underlying claim construction 
findings.'' 91 FR 3220 (Jan. 26, 2026). The Commission determined not 
to review the remainder of the FID's findings.
    The Commission also sought briefing from the parties on certain 
issues under review and from the parties, interested government 
agencies, and other interested parties on the issues of remedy, the 
public interest, and bonding. Id.
    On February 4, 2026, the Commission received initial submissions 
from the parties. On February 11, 2026, the Commission received reply 
submissions from the parties. The Commission received no other 
submissions.
    Having examined the record of this investigation, including the 
FID, petition, response, and other submissions from the parties, the 
Commission has determined to find a violation of section 337 with 
respect to the '952 and '026 patents. Specifically, the Commission has 
determined to: (1) set aside the FID's finding as to date of the Auer 
Catalog, but otherwise affirm the FID's finding that Klein failed to 
show by clear and convincing evidence that any asserted claim was 
invalid; (2) vacate the FID's alternative reasoning that the technical 
prong would be satisfied even under Klein's claim construction proposal 
for ``rib extending [away] from the back wall,'' but otherwise affirm 
the FID's finding that the technical prong of the domestic industry 
requirement is satisfied for each asserted claim; and (3) affirm under 
modified reasoning the FID's finding that the economic prong 
requirement is satisfied under subsection 337(a)(3)(B) with respect to 
the '026 and '952 patents. The Commission has not reached a final 
determination with respect to the '167 patent.
    For remedy, the Commission has determined to issue an LEO and a CDO 
against Klein prohibiting further importation and sale of covered 
products. The Commission has determined that the public interest 
factors do not counsel against issuing remedial orders. The Commission 
has determined that a bond in the amount of eighteen percent (18%) of 
entered value for covered articles is required for covered products 
imported or sold during the period of Presidential review.
    The investigation is hereby terminated with respect to the '952 and 
'026 patents. The '167 patent remains pending at the Commission. A 
Commission opinion issued concurrently with this notice.
    The target date for completion of the investigation is extended to 
November 2, 2026.
    The Commission vote for this determination took place on September 
29, 2026.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of

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Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: September 29, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-20208 Filed 10-1-26; 8:45 am]
BILLING CODE 7020-02-P


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