August 2, 2005
News Release 05-084
Inv. No. 337-TA-546
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN MALE PROPHYLACTIC DEVICES

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain male prophylactic devices.

The investigation is based on a complaint filed by Portfolio Technologies, Inc. (PTI) of Chicago, IL, on July 5, 2005, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain male prophylactic devices that infringe a patent owned by PTI. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-546), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.

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