WASHINGTON (June 12, 2009)—Tillotson Corp. has filed an appeal with the U.S. Court of Appeals for the Federal Circuit against a determination by the International Trade Commission concerning an infringement of a patent relating to disposable nitrile gloves, the company said 11 June.
U.S.-based Tillotson had previously filed a petition against a number of companies for alleged intellectual property infringement under section 337 of the Tariff Act of 1930.
The ITC decided in December that there had been no violation of section 337 despite determining that all 52 foreign manufacturers and US importers had infringed at least one claim of Tillotson's Reissue Patent, the statement said. An administrative law judge had ruled in August 2008 that Tillotson had improperly enlarged the scope of its claims through a reissue application filed more than two years after the original patent was granted.
The company hopes a general exclusion order could be imposed by the ITC, which would bar subsequent importation and prohibit distribution of infringing gloves already imported, the company said.
"Regardless of the outcome of Tillotson's appeal, the patent and Tillotson's license agreements remain unaffected by this administrative decision of the ITC regarding illegal importation," said Rick Tillotson, vice president of Tillotson. "We appealed the ITC's decision to support our licensees regarding illegal importation. Tillotson did not need to appeal that decision to preserve its agreements or its intellectual property rights."