UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C. 20436
`
`In the Matter of
`
`CERTAIN INDUSTRIAL
`AUTOMATION SYSTEMS AND
`
`COMPONENTS THEREOF,
`
`Investigation No. 337—TA—1074
`
`
`
`
`
`
`
`
`
`
`
`INCLUDING CONTROL SYSTEMS,
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`CONTROLLERS, VISUALIZATION
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`HARDWARE, MOTION AND MOTOR
`CONTROL SYSTEMS,
`
`NETWORKING EQUIPMENT,
`
`SAFETY DEVICES, AND POWER
`SUPPLIES
`
`W
`
`The Commission instituted this investigation on October 16, 2017, based on a
`
`complaint filed by Rockwell Automation, Inc., located at 1201 South 2nd Street,
`Milwaukee, Wisconsin 53204 (“Rockwell” or “Complainant”). 82 Fed. Reg. 48113)
`(Oct. 16, 2017). The Complaint alleges, inter alia, violations of section 337 ofthe Tariff
`
`Act of 1930, as amended, 19 U.S.C. § 1337) (“section 337”), based upon the importation
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`into the United States, the sale for importation, and the sale within the United States after
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`importation of certain industrial automation systems and components thereof including
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`control systems, controllers, Visualization hardware, motion and motor control systems,
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`networking equipment, safety devices, and power supplies, by reason of infringement of
`: U.S. Trademark Reg. Nos. 1,172,995; 696,401; 693,780; 1,172,994; 712,800; 712,836;
`
`2,510,226; 2,671,196; 2,701,786; and 2,412,742 (collectively, “Asserted Trademarks”); and
`
`US. Copyright Reg. Nos. TX0008389890; TX0008389887; TX0008390098;
`
`
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`Washington, D.C. 20436
`
`In the Matter of
`
`CERTAIN INDUSTRIAL
`AUTOMATION SYSTEMS AND
`
`COMPONENTS THEREOF,
`
`Investigation No. 337—TA—1074
`
`
`
`
`
`
`
`
`
`
`
`INCLUDING CONTROL SYSTEMS,
`
`CONTROLLERS, VISUALIZATION
`
`HARDWARE, MOTION AND MOTOR
`CONTROL SYSTEMS,
`
`NETWORKING EQUIPMENT,
`
`SAFETY DEVICES, AND POWER
`SUPPLIES
`
`W
`
`The Commission instituted this investigation on October 16, 2017, based on a
`
`complaint filed by Rockwell Automation, Inc., located at 1201 South 2nd Street,
`Milwaukee, Wisconsin 53204 (“Rockwell” or “Complainant”). 82 Fed. Reg. 48113)
`(Oct. 16, 2017). The Complaint alleges, inter alia, violations of section 337 ofthe Tariff
`
`Act of 1930, as amended, 19 U.S.C. § 1337) (“section 337”), based upon the importation
`
`into the United States, the sale for importation, and the sale within the United States after
`
`importation of certain industrial automation systems and components thereof including
`
`control systems, controllers, Visualization hardware, motion and motor control systems,
`
`networking equipment, safety devices, and power supplies, by reason of infringement of
`: U.S. Trademark Reg. Nos. 1,172,995; 696,401; 693,780; 1,172,994; 712,800; 712,836;
`
`2,510,226; 2,671,196; 2,701,786; and 2,412,742 (collectively, “Asserted Trademarks”); and
`
`US. Copyright Reg. Nos. TX0008389890; TX0008389887; TX0008390098;
`
`
`
`TX0008390094; TX0008390077; TX0008390088; TX0008390116; TX0008390084;
`
`TX0008390111; and TX00083 90091 (collectively “Asserted Copyrights”). The complaint
`
`also alleges a violation of section 337 based on unfair methods of competition and unfair
`
`acts in the importation or sale of certain industrial automation systems and components
`
`thereof including control systems, controllers, visualization hardware, motion and motor
`
`control systems, networking equipment, safety devices, and power supplies, the threat or
`
`effect of which is to destroy or substantially injure an industry in the United Statesby,
`
`among others, Respondent Radwell. The notice of investigation named numerous
`
`respondents, including Radwell International, Inc. (“Radwell”), a corporation organized
`
`and existing under the laws of Pennsylvania, having its principal place of business at 1
`
`Millennium Drive, Wil-lingboro, NJ 08046.
`
`Radwell has executed a Consent Order Stipulation in which it agrees to entry of this
`
`Consent Order and to all waivers and other provisions as required by Commission Rule of 0
`Practice and Procedure 210.21(c) (19 CPR. § 210.21 (c)). Radwell has filed a Motion for
`
`Termination of the Investigation based on a Consent Order.
`
`IT IS HEREBY ORDERED THAT:
`
`1. Effective upon entry of this Consent Order, Radwell shall not sell for importation
`
`into the United States, import into the United States, or sell within the United States after
`
`importation, directly or indirectly, and shall not aid, abet, encourage, participate in, or induce
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`the sale for importation, the importation, or‘the sale after importation of industrial‘automation
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`systems and components thereof, including control systems, controllers, visualization
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`hardware, motion and motor control systems , networking equipment, safety devices, and
`
`power supplies, that infringe U.S. Trademark No(s). 1,172,995; 696,401; 693,780; 1,172,994;
`
`
`
`712,800; 712,836; 2,510,226; 2,671,196; 2,701,786; and/or 2,412,742 (“Asserted
`
`Trademarks”) or US. Copyright Reg. No(s). TX0008389890; TX00083 89887;
`
`TX0008390098; TX0008390094; TX0008390077; TX0008390088; TX0008390116;
`
`. TX0008390084; TX000839011 l; and TX0008390091 (“Asserted Copyrights”) and/or are
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`acquired or sold through unfair methods of competition and unfair acts in importation or sale,
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`the threat or effect of which is to destroy or substantially injure an industry in the United
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`States (collectively, “Accused Products”), except under consent, or a license from Rockwell,
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`its successors or assigns.
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`2. Effective upon entry of this Consent Order, Radwell will not sell within the
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`United States or otherwise transfer (except for exportation) any remaining inventory of
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`imported Accused Products in the United States;
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`3. Effective upon entry of this Consent Order, Radwell shall cease and desist from I
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`importing into the United States and distribtiting the Accused Products.
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`4. Radwell shall be precluded from seeking judicial review or otherwise challenging
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`or contesting the validity of this Consent Order.
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`5. RadWell shall cooperate with and shall not seek to impede by litigation or other
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`means the Commission’s efforts to gather information under Subpart I of the Commission’s
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`Rules of Practice and Procedure, Part 210, Title 19 of the Code of Federal Regulations.
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`6. Radwell and its officers, directors, employees, agents, and'any entity or individual
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`acting on its behalf and with its authority shall not seek to challenge the validity or
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`enforceability of any Asserted Copyright, AsSerted Trademark, or unfair trade practice claim-
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`in any administrative or judicial proceeding to enforce the Consent Order;
`
`
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`7. When the Asserted Copyrights, Asserted Trademarks , or unfair trade practice
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`expires, the Consent Order shall become null and void as to such;
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`8.
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`If any Asserted Copyright, Asserted Trademark, or unfair trade practice claim is
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`held invalid or unenforceable by a court or agency of competent jurisdiction or if any article
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`has been found or adjudicated not to infringe the asserted right in a final decision, no longer
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`subject to appeal, this Consent Order shall become null and void as to Such invalid or
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`unenforceable claim or adjudicated article;
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`9. Radwell admits that the Commission has in rem jurisdiction over the Accused
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`Products and in personam jurisdiction over Radwell, and subject matter jurisdiction over this
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`Investigation;
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`10. The Investigation is hereby terminated with respect to Radwell; provided,
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`however, that enforcement, modification, or revocation of the Consent Order shall be carried
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`out pursuant to Subpart I of the Commission’s Rules of Practice and Procedure, 19 CFR part
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`210.
`
`By order of the Commission:
`
`Issued: August 15, 2018
`
`Lisa R. Barton
`
`Secretary to the Commission
`
`
`
`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`
`Inv. No. 337-TA-1074
`
`COMPONENTS THEREOF INCLUDING CONTROL
`
`'
`
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`PUBLIC CERTIFICATE OF SERVICE
`
`1, Lisa R. Barton, hereby certify that the attached ORDER, COMMISSION has been
`served by hand upon the Commission Investigative Attorney, Brian Koo, Esq., and the
`following parties as indicated, on August 15, 2018.
`
`WW
`
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Com lainants Rockwell Automation Inc.:
`
`Adam D. Swain
`ALSTON & BIRD LLP
`950 F.Street NW
`Washmgton, DC 20004
`
`III Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`III Other:
`
`On Behalf of Respondents Radwell International, Inc.:
`
`Deanna Tanner Okun
`ADDUCI, MASTRIANI & SCHAUMBERG, LLP
`1133 Connecticut Avenue NW, 12th Floor
`Washington DC 20036
`
`CI Via Hand Delivery
`Via Express Delivery
`E] Via First Class Mail
`D Other.
`
`
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