UNITED STATES INTERNATIONAL TRADE COMNIISSION
`WASHINGTON, D.C.
`
`In the Matter of
`
`CERTAIN CARBURETORS AND
`PRODUCTS CONTAINING SUCH
`CARBURETORS
`
`Inv. N0. 337-TA-1123
`
`CONSENT ORDER
`
`On June 14, 2018, Complainant Walbro, LLC (“Walbro”) filed a Complaint, supplemented
`
`on June 22, 2018, against MAT Industries, LLC (“MAT”)1 alleging a violation of Section 337 of
`
`the Tariff Act of 1930, as amended, based on the alleged importation into the United States, sale
`
`for importation, or sale within the United States after importation of certain carburetors and
`
`carburetor-containing products that infringe one or more of claims 54-57, 60, 62-65 of U.S. Patent
`
`No. 7,070,173 (the “Asserted Patent”). The Commission instituted this Investigation on July 20,
`
`2018.
`
`MAT has executed a Consent Order Stipulation in which it agreed to the entry of this
`
`Consent Order and to all Waiversand other provisions required by Commission Rules of Practice
`
`and Procedure2l0.2l(c) (19 C.F.R§210.21(c)).
`
`1 The Complaint named MAT Industries, LLC, which is a wholly owned subsidiary of
`MAT Holdings, Inc. The accused Southland Blowers and Powermate Augers, however, were sold
`in the United States by MAT Engine Technologies, LLC, which is another wholly owned
`subsidiary of MAT Holdings, Inc.
`.
`
`
`WASHINGTON, D.C.
`
`In the Matter of
`
`CERTAIN CARBURETORS AND
`PRODUCTS CONTAINING SUCH
`CARBURETORS
`
`Inv. N0. 337-TA-1123
`
`CONSENT ORDER
`
`On June 14, 2018, Complainant Walbro, LLC (“Walbro”) filed a Complaint, supplemented
`
`on June 22, 2018, against MAT Industries, LLC (“MAT”)1 alleging a violation of Section 337 of
`
`the Tariff Act of 1930, as amended, based on the alleged importation into the United States, sale
`
`for importation, or sale within the United States after importation of certain carburetors and
`
`carburetor-containing products that infringe one or more of claims 54-57, 60, 62-65 of U.S. Patent
`
`No. 7,070,173 (the “Asserted Patent”). The Commission instituted this Investigation on July 20,
`
`2018.
`
`MAT has executed a Consent Order Stipulation in which it agreed to the entry of this
`
`Consent Order and to all Waiversand other provisions required by Commission Rules of Practice
`
`and Procedure2l0.2l(c) (19 C.F.R§210.21(c)).
`
`1 The Complaint named MAT Industries, LLC, which is a wholly owned subsidiary of
`MAT Holdings, Inc. The accused Southland Blowers and Powermate Augers, however, were sold
`in the United States by MAT Engine Technologies, LLC, which is another wholly owned
`subsidiary of MAT Holdings, Inc.
`.
`
`
`
`IT IS HEREBY ORDERED THAT:
`
`l.
`
`The Complainant
`
`in this Investigation is Walbro, LLC, a Limited Liability
`
`Company organized under the law of the state of Delaware with a place of business at 2015 W.
`
`River Road #202, Tucson, Arizona 85704.
`
`2.
`
`Respondent MAT Industries, LLC (“Respondent” or “MAT”) is an Illinois Limited
`
`Liability Company having a place of business at 6700 Wildlife Way, Long Grove, Illinois 60047.
`
`3.
`
`The Complaint alleges that MAT imports, sells for importation and/or sells after
`
`importation in the United States carburetors and products containing such carburetors that infringe
`
`claims 54~57, 60, 62—65of U.S. Patent No. 7,070,173 (“Subject Articles”).
`
`4.
`
`MAT has executed a Consent Order Stipulation and stipulates to the entry of this
`
`Consent Order.
`
`5.
`
`MAT shall not sell for importation, import, or sell after importation the Subject
`
`Articles, directly or indirectly, and shall not aid, abet, encourage, participate in, or induce the sale
`
`for importation, the importation, or the sale after importation except under consent or license from
`
`the Complainant, or to the extent permitted by a settlement agreement between Complainant
`
`Walbro and Respondent MAT.
`
`6.
`
`MAT shall be precluded from seeking judicial review or otherwise challenging or
`
`contesting the validity of the Consent Order.
`
`7.
`
`MAT shall cooperate with and shall not seek to impede by litigation or other means
`
`the Commission’s efforts to gather information under Subpart I of the Commission’s Rules of
`
`Practice and Procedure, 19 C.F.R. Part 210, and incorporates by reference the C0mmission’s Rules
`
`of Practice and Procedure.
`
`
`
`8.
`
`MAT, its officers, directors, employees, agents, and any entity or individual acting
`
`on its behalf and with its authority, shall not seek to challenge the validity or enforceability of any
`
`asserted claims of the Asserted Patents in any administrative or judicial proceeding to enforce the
`
`Consent Order.
`
`9.
`
`Upon expiration of any of the terms of the Asserted Patents, this Consent Order
`
`shall become null and void as to such patent.
`
`A,
`
`10.
`
`If any asserted claim of the Asserted Patent is held invalid or unenforceable by a
`
`court or agency of competent jurisdiction or any article has been found or adjudicated not to
`
`infringe the asserted right in a final decision, no longer subject to appeal, this Consent Order shall
`
`become null and void as to such invalid or unenforceable claim or adjudicated article.
`
`'
`
`11.
`
`This Investigation is hereby tenninated with respect to MAT provided, however,
`
`that the enforcement, modification, or revocation of the Consent Order shall be carried out
`
`pursuant to Subpart I of the Commission’s Rules of Practice and Procedure, 19 C.F.R. Part 210.
`
`12.
`
`The Commission has in rem jurisdiction over the Subject Articles, in personam
`
`jurisdiction over MAT solely for purposes of the Consent Order, and subject matter jurisdiction
`
`over this Investigation.
`
`By order of the Commission.
`
`Issued: February 8, 2019
`
`Lisa R. Barton
`Secretary to the Commission
`
`
`
`CERTAIN CARBURETORS AND PRODUCTS
`CONTAINING SUCH CARBURETORS
`
`Inv. No. 337-TA-1123
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify thatthe attached Order, Commission has been served
`by hand upon the Commission Investigative Attomey, Vu Bui, Esq., and the following parties as
`indicated, on February 8, 2019.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Walbro, LLC:
`
`Richard W. Hoffmann, Esq.
`REISING ETHINGTON’PC
`755 W. Big Beaver Rd., Suite 1850
`Troy, MI 48084
`
`III Via Hand Delivery
`E4/ia Express Delivery
`U Via Firs, Class Mail
`D Other:
`
`On Behalf of Respondents Husqvarna Professional Products,
`Inc. and Lowe’s Companies, Inc.:
`
`_
`Joshua B. Pond, Esq.
`KILPATRICK TOWNSEND & STOCKTON LLP
`607
`Stffifill,N.W., SUlt€
`Washington, D.C. 20005
`
`I] Via Hand Delivery
`Q/via ExpressDelivery
`U
`First Class
`U other
`
`On Behalf of Respondents Techtronic Industries Co. Ltd.
`d/b/a Techtronic Industries Power Equipment and The Home
`Depot Inc.:
`
`Sean C- Cunningham, ESq-
`DLA PIPER LLP
`401 B ST.I‘6€l,Suite I700
`San Diego, CA 92101
`
`On Behalf of Respondent MTD Products, Inc.:
`
`Kathryn L- Cllllle, E$q-,
`CROWELL & MORING LLP
`1001 Pennsylvania Avenue, NW
`Washington,DC 20004
`
`[I Via Hand Delivery
`E/Via Express Delivery
`D Via First Class Mail
`U Other:
`
`El Via Hand Delivery
`E(Via ExpressDelivery
`U Via First class Mail
`D other
`
`
`
`CERTAIN CARBURETORS AND PRODUCTS
`CONTAINING SUCH CARBURETORS
`
`Inv. N0. 337-TA-11-23.
`
`Certificate of Service —Page 2
`
`On Behalf of Respondent An1azon.com,Inc.:
`Stefani E. Shanberg, Esq.
`MORRISON & FOERSTER LLP _
`425 Market Street
`San Francisco, CA 94105
`
`On Behalf of RespondentsKmart Corporation and Sears,
`Roebuck and Company:
`
`Eric S. Namrow, Esq.
`MORGAN, LEWIS & BOCKIUS LLP
`1111 Pemsylvania Avenue, NW
`Washington, DC 20004
`
`On Behalf of Respondent Generac Power Systems. Inc.:
`
`Steven M. Auvil, Esq.
`SQUIRE PATTON BOGGS (US) LLP
`4900 Key Tower, 127 Public Square
`Cleveland, OH 44114
`
`On Behalf of Respondents Ruixing Carburetor
`Manufacturing Co.. Ltd.. Zheiiang and Thunderbav
`Products:
`.
`
`P. Andrew Riley, Esq.
`MEI & MARK LLP
`818 18*“Street NW, Suite 410
`Washington, DC 20006
`
`On Behalf of Respondent Tractor Supply Company;
`
`Daniel E. Yonan, Esq.
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, NW
`Washington, DC 20005
`
`On Behalf of Respondent MAT Industries LLC, FNA Group,
`Inc.. and Frictionless World. LLC:
`'
`
`[II Via Hand Delivery
`E/Via Express Delivery
`El Via First Class Mail
`El Other:
`
`El Via Hand Delivery
`iD’Via Express Delivery
`I El Via First Class Mail
`Cl Other:
`
`El Via Hand Delivery
`D4/ia Express Delivery
`III Via First Class Mail
`El Other:
`
`[II V" Hand Delivery
`WW: Express Delivery
`III Via First Class Mail
`El Other:
`
`gym HandDelivery
`Via Express Delivery
`E! Via First Class Mail
`E1 Other:
`
`Paul M. Bartkowski, Esq.
`ADDUCI, MASTRIANI & SCHAUMBERG, LLP
`1133 Connecticut Avenue, NW, 12"‘Floor
`Washington, DC 20036
`
`El Via Hand Delivery
`IU/ViaExpress Delivery
`E1Via First Class Mail
`CI Other:
`'
`
`
`
`CERTAIN CARBURETORS AND PRODUCTS
`CONTAINING SUCH CARBURETORS
`
`Certificate of Service —Page 3
`
`On Behalf of Respondents Buffalo Corporation and Targgt
`Corporation:
`'
`
`Inv. No. 337-TA-1123
`
`Marc W. Vander Tuig, Esq.
`ARMSTRONG TEASDALE
`7700 Forsyth Blvd., Suite 1800
`St. Louis, MO 63105
`
`On Behalf of Respondent Walmart Inc.:
`
`Rett Snotherly, Esq.
`LEVI & SNOTHERLY, PLLC
`1101 Connecticut Avenue, NW, Suite 450
`Washington, DC 20036
`
`On Behalf of Respondent Frictionless World, Inc.:
`
`Paul Bartkowski, Esq.
`ADDUCI, MASTRIANI & SCHAUMBERG, LLP
`1133 Connecticut Avenue, NW, 12*“Floor
`Washington, DC 20036
`
`On Behalf of Respondent Cabela’s Incorporated:
`
`Kecia J. Reynolds, Esq.
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`
`On Behalf of Respondent Menard, Inc.:
`
`Jeffrey L. Eichen, Esq.
`DRINKER BIDDLE & REATH LLP
`222 Delaware Avenue, Suite 1410
`Wilmington, DE 19801
`
`Respondents:
`
`Huayi Carburetor Factory
`B210-5, Wuhuan Building,
`Yuan Jigang, Chongqing China
`
`Charles A. Demirjian
`Tillotson Limited c/o Forbearance Capital, LLC
`2130 N. 22nd Street
`Decatur, IL 60657
`
`1] Via Hand Delivery
`[D/Via Express Delivery
`III Via First Class Mail
`[I Other:
`
`El Via Hand Delivery
`El/Via Express Delivery
`El Via First Class Mail
`III Other:i
`
`II V'a Hand Delivery
`|Q4ia Express Delivery
`II] Via First Class Mail
`El Other:
`
`gyia HandDelivery
`Via Express Delivery
`El Via First Class Mail
`III Other:
`
`El V' Hand Delivery
`IQ/Vi: Express Delivery
`El Via First Class Mail
`El Other:
`
`El Via Hand Delivery
`lQl’ViaExpress Delivery
`III Via First Class Mail
`III Other:
`
`gyia HandDelivery
`Via Express Delivery
`El Via First Class Mail
`
`
`
`
`CERTAIN CARBURETORS AND PRODUCTS
`CONTAINING SUCH CARBURETORS
`
`Certificate of Service —Page 4
`
`Inv. No. 337-TA-1123
`
`Fuding Guangda General Machinery Co., Ltd.
`Tietang Industrial District,
`Fuding City, Fujian Province, 355200
`China
`
`Wuyi Henghai Tools Co., Ltd.
`Baihuashan Industrial Zone
`Wuyi 321200, Jinhua, Zhejiang
`China
`
`Fuding Youyi Trade Co., Ltd.
`No. 176, Yuhu Community, Taimushan Town,
`Fuding, Ningde, Fujian, 355203
`China
`
`Feldmann Eng. & Mfg. Co., Inc.
`520 Forest Avenue
`‘
`Sheboygan Falls, WI 53085
`
`Imperial Industrial Supply Co. d/b/a Duromax Power Equipment
`5800 Ontario Mills Parkway
`Ontario, CA 91764
`
`North American Tool Industries
`78 Commercial Road
`Huntington, IN 48750
`
`Tool Tuff Direct LLC
`15000 W. 44"‘ Avenue
`Suite B.
`Golden, CO 80403
`
`El Other:
`
`U Via Hand Delivery
`E/Via Express Delivery
`El Via First Class Mail
`I] Other:
`
`Cl Via Hand Delivery
`E/Via Express Delivery
`III Via First Class Mail
`El Other:
`
`III Via Hand Delivery
`lD’Via Express Delivery
`Cl Via First Class Mail
`El Other:
`
`gyia HandDelivery
`Via Express Delivery
`El Via First Class Mail
`El Other:
`
`El V'a Hand Delivery
`Elzia ExpressDelivery
`III Via First Class Mail
`El Other:
`
`ya HandDelivery
`Via Express Delivery
`1:] Via First Class Mail
`El Other:
`
`g)l’1a Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`El Other:
`
`
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