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Federal Circuit Rules in Favor of SMC Corporation By Affirming ITC’s Decision To Invalidate Competitor’s Patent

Practice Area(s): 
ITC Litigation, Litigation

Federal Circuit Rules in Favor of SMC Corporation By Affirming ITC’s Decision To Invalidate Competitor’s Patent

For Immediate Release
November 16, 2012 

Alexandria, Va. – The U.S. Court of Appeals for the Federal Circuit issued a precedential opinion affirming a decision by the International Trade Commission (ITC) which ruled against Norgren, Inc., a Colorado-based company in its claims that SMC Corporation and SMC Corporation of America violated 19 U.S.C. Section 1337 with unfair practices in import trade.

In the opinion, the Federal Circuit affirmed the ITC’s final determination that Norgren’s United States patent number 5,372,392 was invalid as obvious.

In its ITC complaint, Norgren requested an order prohibiting SMC from importing into the United States certain connecting devices used to connect filters, regulators, and lubricators installed in compressed air systems.

SMC is represented in this matter by Arthur Neustadt, Thomas Fisher, and Eric Schweibenz of Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.

Norgren, Inc. is represented by The Ollila Law Group LLC.

The Federal Circuit case is Norgren Inc. v. ITC (2011-1349) and the underlying ITC case is In re: Certain Connecting Devices ("Quick-Clamps") For Use With Modular Compressed Air Conditioning Units, Including Filters, Regulators, And Lubricators ("FRL's") That Are Part Of Larger Pneumatic Systems And The FRL Units They Connect, U.S. International Trade Commission, Investigation Number 337-TA-587.

Assisting clients for over 40 years, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., in Alexandria, Va., is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts.  The firm is also a leader in patent prosecution and post-grant proceedings at the United States Patent and Trademark Office and has significant trademark, copyright, and patent interference practices.