News Release 23-030
Inv. No(s). 337-TA-1357
Contact: Elizabeth Nesbitt, 202-205-1819
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic anti-theft shopping cart wheels, components thereof, and systems containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Gatekeeper Systems, Inc., of Foothill Ranch, CA, on March 8, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic anti-theft shopping cart wheels, components thereof, and systems containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue permanent limited exclusion orders and cease and desist orders, and impose a bond upon importation of infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j) to prevent further injury to Gatekeeper’s domestic industry relating to each of the Asserted Patents.
- Rocateq International B.V. of Barendrecht, The Netherlands;
- Rocateq USA, LLC, of San Fernando, CA; and
- Zhuhai Rocateq Technology Company Ltd. of Zhuhai, Guangdong, China.
By instituting this investigation (337-TA-1357), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), 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; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.