Perkins Coie Wins International Trade Commission Section 337 Patent Case for Client Nortek

WASHINGTON, D.C. (December 3, 2019) - Perkins Coie has won an Initial Determination of no violation of Section 337 in a three-patent infringement investigation before the U.S. International Trade Commission (ITC) in Washington, D.C., for firm client Nortek Security & Control LLC and two affiliated companies. Nortek is a global producer of connected systems and devices for the home.

The Chamberlain Group, Inc. alleged that eight models of garage door openers and nineteen models of commercial gate operators manufactured by Nortek infringed three of its U.S. patents.

ITC Administrative Law Judge MaryJoan McNamara ruled that Nortek and its two affiliated companies had not violated Section 337 of the Tariff Act by infringing the three patents asserted by Chamberlain. Judge McNamara also found one of the patents invalid, and that Chamberlain failed to establish a domestic industry protectable under Section 337 for another patent. In a separate order, the ALJ imposed monetary sanctions against Chamberlain arising from discovery issues.

"We are pleased to have prevailed in this case before the International Trade Commission for our client Nortek. The Initial Determination that our client has not violated Section 337 demonstrates that Nortek respects intellectual property rights and develops its own technology. We are confident the ALJ's decision will be affirmed if Chamberlain attempts to have it overturned," said Matthew Bernstein, Nortek's lead counsel and managing partner of the firm's San Diego office.

The Perkins Coie team representing Nortek included Matthew Bernstein, Kevin Patariu, Joseph Reid, and Evan Day.