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Young Eng'rs, Inc. v. United States ITC

Young Eng'rs, Inc. v. United States ITC

United States Court of Appeals for the Federal Circuit

November 8, 1983

Appeal No. 83-649

Opinion

 [***1145]   [*1307]  NIES, Circuit Judge.

This appeal, in a proceeding under 19 U.S.C. § 1337, raises two novel issues: (1) whether following disapproval by the President of the determination in an investigation, the International Trade Commission must institute a new investigation in order to exercise its authority to issue an exclusion and/or cease and desist order based on previously found unfair acts; and (2) whether, under principles of res judicata, a dismissal with prejudice of an infringement suit against appellant precludes a holding that appellant infringes complainant's patents. Our jurisdiction of this appeal is under 19 U.S.C. § 1337(c) and 28 U.S.C. § 1295(a)(6). We answer both questions in the negative [**2]  in this instance, and, finding no merit in any other defense, we affirm the determinations of the Commission. Certain Molded-In Sandwich Panel Inserts and Method for Their Installation, Inv. No. 337- TA-99, USITC Pub. No. 1246, 218 USPQ 832 (1982).

The subject investigation is the culmination of a patent controversy between Shur-Lok Corporation (Shur-Lok), complainant, and The Young Engineers, Inc., (TYE) appellant, which goes back many years.  Shur-Lok is a domestic manufacturer of devices, called sandwich panel inserts, used in aircraft production. 2 Shur-Lok is the owner of three patents associated with the device:

U.S. Patent No. 3,282,015, issued November 1, 1966, covering the device.

U.S. Patent No. 3,271,498, issued September 6, 1965, and U.S. Patent No. 3,392,225, issued July 9, 1968, both covering methods of installing inserts in the sandwich panels.

TYE has been importing sandwich panel inserts from Japan since the mid-60's. After Shur-Lok charged TYE with selling infringing inserts, apparently TYE began importing a modified device. Shur-Lok objected to the latter as well and, in 1969, filed suit in the United States District Court for the [**3]  Central District of California, Civil Action No. 69-265, charging infringement of the patents which are the basis for the § 1337 investigation.

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721 F.2d 1305 *; 1983 U.S. App. LEXIS 13691 **; 219 U.S.P.Q. (BNA) 1142 ***; 2 Fed. Cir. (T) 9

THE YOUNG ENGINEERS, INC., (aka TYE or TYE, INC.,) Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee

Disposition:  [**1]   Affirmed.

CORE TERMS

infringement, patent, disapproval, imported, orders, inserts, cease and desist order, exclusion order, res judicata, unfair act, estoppel, parties, presidential, products, claim preclusion, preclusion, notice, unfair, infringement claim, district court, final judgment, conditions, terminated, effective, barriers, modified, induce, merger, merits

International Trade Law, International Commerce & Trade, Exports & Imports, General Overview, Trademark Law, Causes of Action Involving Trademarks, Counterfeiting, US International Trade Commission, Business & Corporate Compliance, Tariff Act, US International Trade Commission Proceedings, Administrative Law, Separation of Powers, Executive Controls, Civil Procedure, Preclusion of Judgments, Estoppel, Collateral Estoppel, Judgments, Pretrial Judgments, Default & Default Judgments, Default Judgments, Res Judicata, Nonsuits, Voluntary Nonsuits, Contracts Law, Consideration, Enforcement of Promises, Patent Law, Infringement Actions, Contract Formation, Defenses, Estoppel & Laches, Elements, Excuses, Infringing Acts, Indirect Infringement, Statutory Bars, Abandonment & Forfeiture Bar, Abandonment