Certain Glow Fish Tape Systems, Safety Helmet Systems, and Components Thereof; Notice of a Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of Investigation

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined that respondent Milwaukee Electric Tool Corporation of Brookfield, Wisconsin ("Milwaukee") has violated section 337 of the Tariff Act of 1930, as amended, by importing, selling for importation, or selling in the United States after importation certain glow fish tape systems and components thereof that infringe claim 6 of U.S. Patent No. 12,187,573 ("the '573 patent"). The Commission has determined that the appropriate remedies are a limited exclusion order ("LEO") and cease and desist order ("CDO") against Milwaukee, and that the public interest factors do not preclude issuance of such remedial orders. The Commission has also determined to set a bond in the amount of 100 percent (100%) of the entered value of the covered products imported during the period of Presidential review. This investigation is hereby terminated.

Full Text

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<title>Federal Register, Volume 91 Issue 215 (Monday, November 9, 2026)</title>
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[Federal Register Volume 91, Number 215 (Monday, November 9, 2026)]
[Notices]
[Pages 70896-70898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22768]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1442]


Certain Glow Fish Tape Systems, Safety Helmet Systems, and 
Components Thereof; Notice of a Final Determination Finding a Violation 
of Section 337; Issuance of a Limited Exclusion Order and Cease and 
Desist Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined that respondent 
Milwaukee Electric Tool Corporation of Brookfield, Wisconsin 
(``Milwaukee'') has violated section 337 of the Tariff Act of 1930, as 
amended, by importing, selling for importation, or selling in the 
United States after importation certain glow fish tape systems and 
components thereof that infringe claim 6 of U.S. Patent No. 12,187,573 
(``the '573 patent''). The Commission has determined that the 
appropriate remedies are a limited exclusion order (``LEO'') and cease 
and desist order (``CDO'') against Milwaukee, and that the public 
interest factors do not preclude issuance of such remedial orders. The 
Commission has also determined to set a bond in the amount of 100 
percent (100%) of the entered value of the covered products imported 
during the period of Presidential review. This investigation is hereby 
terminated.

FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2382. 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#a3e6e7eaf090ebc6cfd3e3d6d0cad7c08dc4ccd5"><span class="__cf_email__" data-cfemail="7f3a3b362c4c371a130f3f0a0c160b1c51181009">[email&#160;protected]</span></a>.

[[Page 70897]]

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: On March 19, 2025, the Commission instituted 
this investigation based on a complaint, as supplemented, filed by 
Klein Tools, Inc. of Lincolnshire, Illinois (``Klein''), accusing 
Milwaukee of violating section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), by importing into the United 
States, selling for importation, or selling in the United States after 
importation certain glow fish tape systems, safety helmet systems, and 
components thereof by reason of the infringement of the asserted claims 
of the '573 patent and U.S. Patent Nos. 11,713,209 (``the '209 
patent'') and 11,452,327 (``the '327 patent''). 90 FR 12790 (Mar. 19, 
2025). The complaint further alleges that a domestic industry exists. 
Id. The Office of Unfair Import Investigations did not participate in 
the investigation. Id.
    On May 30, 2025, the Commission amended the notice of investigation 
to include allegations of infringement of certain asserted claims of 
U.S. Patent No. 12,268,265 (``the '265 patent''). Order No. 6 (May 1, 
2025), unreviewed by Comm'n Notice (May 30, 2025). The '265 patent and 
related '327 patent are collectively referred to as the ``Helmet 
Patents.'' The '209 patent and related '573 patent are collectively 
referred to as the ``Glow Fish Tape Patents.''
    The Commission subsequently partially terminated the investigation 
with respect to certain asserted claims of the '327 patent, '209 
patent, and '573 patent due to Klein's withdrawal of the complaint with 
respect to those claims. Order No. 14 (Nov. 20, 2025), unreviewed by 
Comm'n Notice (Dec. 12, 2025); Order No. 19 (Jan. 5, 2026), unreviewed 
by Comm'n Notice (Jan. 28, 2026).
    On January 20, 2026, the Commission granted Klein's motion for 
summary determination that it has satisfied the technical and economic 
prongs of the domestic industry requirement for the Glow Fish Tape 
Patents. Order No. 17 (Dec. 19, 2025), unreviewed by Comm'n Notice 
(Jan. 20, 2026).
    The presiding Chief Administrative Law Judge (``CALJ'') held an 
evidentiary hearing from January 5-8, 2026. At the time of the hearing, 
the asserted claims of the Helmet Patents still at issue were claims 8, 
10, and 17 of the '327 patent and claims 1-4 of the '265 patent. The 
asserted claims of the Glow Fish Tape Patents still at issue were claim 
6 of the '209 patent and claim 6 of the '573 patent.
    On June 5, 2026, the CALJ issued a final Initial Determination on 
Violation of Section 337 (``FID'') and a Recommendation on Remedy and 
Bond (``RD''). With respect to the Helmet Patents, the FID finds that: 
(i) Milwaukee infringed the '265 patent but not the '327 patent; (ii) 
the asserted claims of the Helmet Patents are not invalid as obvious or 
for failing the written description requirement under 35 U.S.C. 112; 
and (iii) Klein has satisfied both the technical and economic prongs of 
the domestic industry requirement for both Helmet Patents. With respect 
to the Glow Fish Tape Patents, the FID finds that: (i) Milwaukee did 
not infringe the '209 patent or '573 patent; (ii) the asserted claims 
of the Glow Fish Tape Patent are not invalid as obvious under 35 U.S.C. 
103 or for failing the written description requirement; and (iii) Klein 
has satisfied the technical prong of the domestic industry requirement 
with respect to claim 6 of each Glow Fish Tape Patent (to supplement 
the CALJ's earlier summary determination that Klein has satisfied both 
the economic and technical prongs with respect to claims 1 and 5 of the 
Glow Fish Tape Patents in Order No. 17, supra). The FID concludes that 
Milwaukee has violated section 337 with respect to the '265 patent (a 
Helmet Patent) but not the '327 patent or either of the Glow Fish Tape 
Patents.
    The RD recommends that, if a violation is found, the Commission 
issue an LEO and a CDO against Milwaukee. The RD also recommends that 
the Commission set a bond in the amount of 100 percent of the entered 
value of covered products that are imported during the 60-day period of 
Presidential review.
    On June 22, 2026, both Milwaukee and Klein filed petitions and/or 
contingent petitions for review of certain adverse findings in the FID. 
On June 30, 2026, each party filed its respective response to the 
opposing party's petition.
    On July 10, 2026, Klein's counsel submitted a letter to the 
Commission identifying certain allegedly false statements in 
Milwaukee's opposition to Klein's petition. On the same date, 
Milwaukee's counsel submitted a response, to which it attached a copy 
of a letter to Klein's counsel dated July 8, 2026, explaining why 
Milwaukee's representations are allegedly correct. Upon review of the 
letters, the Commission declined to consider them because they are not 
permissible under the Commission's rules.
    The parties did not submit statements concerning the public 
interest pursuant to Commission Rule 210.50(a)(4)(i), 19 CFR 
210.50(a)(4)(i). The Commission also did not receive any submissions in 
response to its request for submissions from interested third parties 
or government agencies on remedy and the public interest factors. 91 FR 
43402-03 (July 15, 2026).
    On September 9, 2026, the Commission determined to review the FID 
in part. 91 FR 57383 (Sept. 9, 2026). With respect to the Helmet 
Patents, the Commission determined to review the FID's findings that: 
(i) the asserted claims of the '265 patent and '327 patent are not 
obvious under 35 U.S.C. 103; and (ii) Klein satisfied the economic 
prong of the domestic industry requirement. With respect to the Glow 
Fish Tape Patents, the Commission determined to review: (i) the 
construction of the claim term ``wherein at least a portion of the case 
is configured to allow the luminescent material to be energized by 
light passing through the portion'' in the '573 patent and related 
infringement and validity findings; (ii) the FID's finding of non-
infringement of the '209 and '573 patents, both literal and under the 
doctrine of equivalents; and (iii) the FID's finding that the asserted 
claims of the Glow Fish Tape Patents are not invalid as obvious. The 
Commission determined not to review, and thereby adopted, the other 
findings in the FID. The Commission directed the parties to brief 
certain violation issues on review and remedy, the public interest, and 
bond.
    Pursuant to the Commission's directions, the parties filed their 
initial responses to the Commission's questions on September 18, 2026, 
and their respective replies to the opposing party's initial response 
on September 25, 2026.
    Having reviewed the FID, the parties' submissions, and the record 
below, the Commission has determined to reverse the FID and find that 
Milwaukee has violated section 337 by importing into the United States, 
selling for importation, or selling in the United States after 
importation certain glow fish tape products and components thereof that 
infringe claim 6 of the '573 patent (a Glow Fish Tape Patent). As 
further explained in the Commission Opinion issued concurrently 
herewith, the Commission has also determined to adopt the FID's 
findings that the asserted claims of the Glow Fish Tape Patents are not 
invalid as obvious and to adopt, with modifications, the FID's

[[Page 70898]]

finding that claim 6 of the '209 patent is not infringed. With respect 
to the Helmet Patents, the Commission has determined to reverse the 
FID's finding that Milwaukee has violated section 337 with respect to 
the '265 patent and to find instead that the asserted claims of the 
'265 patent are invalid as obvious. The Commission, having previously 
determined to adopt the FID's finding that the asserted claims of the 
'327 patent are not infringed (91 FR at 57384), takes no position on 
whether the '327 patent claims are also invalid as obvious or whether 
Klein has satisfied the domestic industry requirement with respect to 
the Helmet Patents.
    The Commission has determined that the appropriate remedy is: (i) 
an LEO prohibiting the importation of certain glow fish tape products 
and components thereof that infringe claim 6 of the '573 patent; and 
(ii) a CDO against Milwaukee. The Commission has determined that the 
public interest factors do not preclude issuance of a remedy. The 
Commission has set a bond in the amount of 100 percent (100%) of the 
entered value of infringing products imported during the period of 
Presidential review (19 U.S.C. 1337(j)).
    The Commission issues its opinion herewith setting forth its 
determinations on certain issues. This investigation is hereby 
terminated.
    The Commission's orders and opinion were delivered to the President 
and United States Trade Representative on the day of their issuance.
    The Commission vote for this determination took place on November 
4, 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 Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.
    Issued: November 4, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-22768 Filed 11-6-26; 8:45 am]
BILLING CODE 7020-02-P


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