throbber
PUBLIC VERSION
`
`In the Matter of
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`Before the Honorable Charles E. Bullock
`I
`I
`I
`I
`
`CERTAIN FOAM MASKING TAPE
`
`Inv. No. 337-TA-528
`
`CORRECTED STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF
`COMPLAINANTS 3M COMPANY, 3M INNOVATIVE PROPERTIES
`COMPANY AND JEAN SILVESTRE'S MOTION FOR SUMMARY
`DETERMINATION OF VIOLATION OF SECTION 337
`
`,
`
`May 26,2005
`
`Tom M. Schaumberg
`Michael G. McManus
`Michael L. Dome
`Sarah E. Hamblin
`ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.
`1200 Seventeenth Street, N.W.
`Washington, DC 20036
`Telephone: (202) 467-6300
`
`a
`
`.
`
`
`
`Jonathan E. Singer
`FISH & RICHARDSON P.C., P.A.
`3300 Dain Rauscher Plaza
`60 South Sixth Street
`Minneapolis, Minnesota 55402
`Telephone: (612) 337-5070
`
`Hildy Bowbeer
`John A. Burtis
`3M COMPANY
`OFFICE OF INTELLECTUAL PROPERTY COUNSEL
`3M CENTER
`P. 0. Box 33427
`St. Paul, Minnesota 55133-3428
`Telephone: (65 1) 737-3 194
`
`Counsel for 3M Company, 3M Innovative
`Properties Company, Mr. Jean Silvestre
`
`

`
`PUBLIC VERSION
`
`TABLE OF CONTENTS
`
`1
`
`1
`
`U.S. PATENT NO. 5.260. 097 ............................................................................................
`Subject Matter Jurisdiction and Importation ...........................................................
`A .
`Infringement ............................................................................................................
`B .
`DOMESTIC INDUSTRY ...................................................................................................
`7
`Economic Prong ...................................................................................................... 7
`A .
`Technical Prong ...................................................................................................... 9
`B .
`GENERAL EXCLUSION ORDER ..................................................................................
`
`3
`
`11
`
`1 .
`
`I1 .
`
`I11 .
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`1
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`

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`PUBLIC VERSION
`
`Complainants 3M Company ("3M"), 3M Innovative Properties Co. and Jean Silvestre
`
`(collectively "Complainants"), by and through their attorneys, and pursuant to Ground Rule 3.3,
`
`respectfully submit the present Statement of Undisputed Material Facts in support of their
`
`Motion For Summary Determination of Violation of Section 337, and their Memorandum of
`
`Points and Authorities, which are filed herewith. Complainants submit that there is no genuine
`
`issue concerning the facts set forth herein.
`
`UNDISPUTED MATERIAL FACTS
`
`I.
`
`U.S. PATENT NO. 5,260,097
`
`A.
`
`I .
`
`to [
`
`Subiect Matter Jurisdiction and Importation
`
`Respondent Jevtec, Limited ("Jevtec") manufactures and sells foam masking tape
`
`I.
`
`Respondent Jevtec Ltd.'s Response to Complainant 3M's First Set of Interrogatories ("Jevtec's
`
`Response"), Response to 3M Interrogatory No. 1; Ex. 4.
`
`2.
`
`Respondent Intertape Polymer Corp. sells [
`
`ShieldFastTM. Jevtec 's Response to 3M Interrogatory No. 1 ; Ex. 4.
`
`3.
`
`Jevtec's foam masking tape was [
`
`1
`
`1. Jevtec's
`
`Response to 3M Interrogatory No. 4(b); Ex. 4.
`
`4.
`
`Jevtec identifies [
`
`] among importers of foam masking
`
`tape. Jevtec's Response to 3M Interrogatory No. 24; Ex. 4.
`
`1
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`

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`PUBLIC VERSION
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`3. Jevtec's Response to 3M Interrogatory No. 30;
`
`Ex. 4.
`
`6.
`
`Respondents Intertape Polymer Corp., IPG Administrative Services Inc. and
`
`Intertape Polymer Group, Inc. (collectively "Intertape Respondents") sell foam masking tape in
`
`the United States identified as DM-3 7 ShieldFastTM. Responses of Respondents Intertape
`
`Polymer Corporation, IPG Administrative Services Inc. and Intertape Polymer Group, Inc. to
`
`Complainant 3M Company's First Set of Interrogatories ("Intertape Respondents' Response"),
`
`Response to 3M Interrogatory No. 1; Ex. 23.
`
`7.
`
`Beginning in or around [
`
`purchased [
`
`Interrogatory No. 7; Ex. 23.
`
`1, IPG Administrative Services, Inc.
`
`1.
`
`Intertape Respondents' Response to 3M
`
`8.
`
`IPG Administrative Services, Inc. [
`
`States. Intertape Respondents' Response to 3M Interrogatory No. 35; Ex. 23.
`
`9.
`
`Intertape Polymer Group is the trademark used by the various related Intertape
`
`entities. Intertape Respondents' Response to 3M Interrogatory No. 35; Ex. 23.
`
`] the United
`
`[Number not used].
`
`10.
`
`11.
`
`Intertape Polymer Group has shipped accused product under the product code
`1. IP 00838-40; see Ex. 5.
`
`DM37 in at least [
`
`11A. Foam masking tape [
`
`] the
`
`United States. Jevtec Limited's Response to Complainant 3M Company's First Set of Requests
`
`for Admissions ("Jevtec's Response to RFAs") Response to RFA No. 1 (Ex. 27); see also Ex. 26.
`
`2
`
`

`
`1 1B. Foam masking tape [
`
`United States [
`
`26.
`
`PUBLIC VERSION
`
`] the
`1. Jevtec's Response to RFA No. 3 (Ex. 27); see also Ex.
`
`11C. Foam masking tape [
`
`] the United States.
`
`Jevtec's Response to RFA No. 4 (Ex. 27); see also Ex. 26.
`
`11D. Foam masking tape [
`] the United
`1. Jevtec's Response to RFA No. 6 (Ex. 27); see also Ex. 26.
`
`States [
`
`B.
`
`Infringement
`
`12. United States Patent No. 5,260,097 ("'097 patent") originally issued on
`
`November 9, 1993, to Jean Silvestre. See Exhibit 1.
`
`13.
`
`Complainants' experts, Jonathan S. Colton, Ph.D., P.E. and James Siewert, each
`
`timely served expert reports setting forth their opinions concerning the subject matter of the
`
`instant investigation. See Expert Report of Jonathan S. Colton, Ph.D., P.E., served April 26,
`
`2005, ("Colton Initial Report") (see Ex. 8) and Expert Report of James Siewert, served April 26,
`
`2005 ("Siewert's Report") (see Ex. 9).
`
`14. Dr. Colton has been retained by Complainants 3M Company, 3M Innovative
`
`Properties Company and Jean Silvestre to act as an expert witness in the instant investigation.
`
`See Declaration of Jonathan S. Colton in Support of Complainants' Motion for Summary
`
`Determination ("Colton Decl.") T[ 1; Ex. 8.
`
`15. Dr. Colton's background and qualifications are described in his curriculum vita,
`
`which is attached to his expert report (Expert Report attached as Exhibit A to his Declaration).
`Colton Decl. 7 I ; Ex. 8.
`
`16. Use of the foam masking tape distributed and sold under the name "DM-37
`
`ShieldFastTM" in the manner taught by the text and photographs found on the exterior of the box
`
`

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`PUBLIC VERSION
`
`in which it is sold would practice claims 1, 4, 7, 8, 10, 13, 14 and 16 of the '097 patent. Colton
`Decl. 7 2; Ex. 8.
`
`17.
`
`A person of ordinary skill in the art would construe the term "applying to the at
`
`least part of a surface to be treated" to mean to place the foam masking tape so that it occupies a
`position at the outer boundary of the body being treated. Colton Decl. 7 4; Ex. 4.
`
`Foam masking tape is material to the practice of the method of claims 1, 4, 7, 8,
`18.
`10, 13, 14 and 16 of the '097 patent. Colton Decl. 7 5; Ex. 8.
`
`19.
`
`There is no substantial use for "DM-37 ShieldFastTM" foam masking tape or 3M
`
`Soft Edge Foam Masking Tape ("SEFMT") other than to practice the method of claims 1,4,7, 8,
`10, 13, 14 and 16 of the '097 patent. Colton Decl. 7 6; Ex. 8.
`
`20.
`
`"DM-37 ShieldFastTM" foam masking tape is not a staple article of commerce
`
`having utility apart from the method of claims 1, 4, 7, 8, 10, 13, 14 and 16 of the '097 patent.
`Colton Decl. 7 7; Ex. 8.
`
`21.
`
`The "Expert Report of Jonathon S. Colton, Ph.D., P.E.," dated April 26, 2005, is
`
`attached to his Declaration as Exhibit A. Dr. Colton continues to hold the opinions expressed in
`that expert report. Colton Decl. 7 9; Ex. 8.
`
`22. Mr. Siewert has been retained by Complainants 3M Company, 3M Innovative
`
`Properties Company and Jean Silvestre to act as an expert witness in the instant investigation.
`
`Declaration of James Siewert in Support of Complainants' Motion for Summary Determination
`("Siewert Decl.") 7 1; Ex. 9.
`
`23. Mr. Siewert has been employed in the auto body repair industry since 1978.
`Siewert Decl. 7 1; Ex. 9.
`
`24.
`A person of ordinary skill in the art would use "DM-37 ShieldFastTM" to mask the
`gaps of an automobile prior to painting. Siewert Decl. 7 2; Ex. 9.
`
`4
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`PUBLIC VERSION
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`There is no substantial use for "DM-37 ShieldFastTM" foam masking tape other
`25.
`than to mask the gaps in automobiles prior to painting. Siewert Decl. 7 4; Ex. 9.
`
`The "Expert Report of James Siewert'l is attached to his Declaration as Exhibit A.
`26.
`Mr. Siewert continues to hold the opinions expressed in that expert report. Siewert Decl. 7 7; Ex.
`
`9.
`
`27.
`
`One of ordinary skill in automobile painting would use DM-37 ShieldFastTM to
`
`mask the gaps of an automobile prior to painting. Siewert Report at 2 (see Ex. 9); Deposition of
`
`Thomas Nicolosi taken on April 13,2005 ("Nicolosi Dep.") at 64: 1 1 - 15 (Ex. 10).
`
`27A.
`
`[
`
`1. Respondent Intertape Polymer Corp.'~ Amended Responses to
`Complainant 3M Company's First Set of Requests for Admission ("Intertape Polymer's RFA
`
`Responses"), Response to RFA No. 12; Ex. 28.
`
`27B.
`
`[
`
`1.
`
`Intertape Polymer's RFA Responses,
`
`Response to RFA No. 14; Ex. 28.
`
`27C.
`
`[
`
`1. Intertape
`
`Polymer's RFA Responses, Response to RFA No. 16; Ex. 28.
`
`28.
`
`One who uses DM-37 ShieldFastTM in the method taught by instructions on the
`
`box of the product would practice the asserted claims. Colton Initial Report at 13-1 5; see Ex. 8.
`
`29.
`
`Jevtec manufactures [
`
`]
`
`Jevtec's Response
`
`to 3M
`
`Interrogatory No. 1; Ex. 4.
`
`5
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`PUBLIC VERSION
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`Jevtec [
`30.
`1. Nicolosi Dep. at 33:16-37:8, 70:24-71:9, 81:16-82:7 (Ex. 10).
`
`31.
`
`[
`
`] in boxes which bear
`
`text and
`
`photographs that teach one to practice the '097 patent method of masking. See Ex. 8; Nicolosi
`
`Dep. at 36:2-6 (Ex. 10).
`
`32.
`
`Jevtec sells [
`1. Jevtec's Responses to 3M Interrogatory Nos. 1 and 7; Ex. 4.
`
`33.
`
`Intertape [
`
`34.
`
`Intertape Polymer Corp., [
`
`1. See, e.g., Nicolosi Dep. at 56:l-57:3 (Ex. lo).
`
`1. See, e.g., Nicolosi Dep. at 29:s-11,
`
`6111 1-25 (EX. 10).
`
`35.
`
`Jevtec had knowledge of the '097 patent [
`1. Jevtec's Response to 3M Interrogatory No. 15; Ex. 4.
`
`36.
`
`David L. McNeight was identified by the Intertape Respondents as an expert
`
`witness on March 24,2005. Attached as Exhibit F to the identification is the "Resume of David
`
`Leslie McNeight," dated March 23, 2005. See Identification of Expert Witness of Respondent
`
`Intertape Polymer Corp. and IPG Administrative Services, Inc. attached as Ex. 1 1.
`
`37.
`
`DM-37 ShieldFastTM has no substantial noninfringing use. Nicolosi Dep at 52: 16-
`
`18 (Ex. 10).
`
`38.
`
`Jevtec [
`
`] Jevtec's Response to 3M Interrogatory No. 4(e); Ex. 4.
`
`39.
`
`Oliver Jevons [
`
`Interrogatory No. 25; Ex. 4.
`
`] Jevtec's Response to 3M
`
`6
`
`

`
`39A. Jevtec was aware of United States Patent No. 5,260,097 [
`
`1.
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`PUBLIC VERSION
`
`Jevtec's Response to RFA No. 7 (Ex. 27); see also Ex. 26.
`
`39B.
`Jevtec was aware of United States Patent No. 5,260,097 [
`1. Jevtec's Response to RFA No. 8 (Ex. 27); see also Ex. 26.
`
`39C.
`
`Jevtec [
`
`Response to RFA No. 11 (Ex. 27); see also Ex. 26.
`
`1. Jevtec's
`
`39D. Jevtec [
`
`] foam masking tape.
`
`Jevtec's
`
`Response to RFA No. 12 (Ex. 27); see also Ex. 26.
`
`39E. Foam masking tape [
`
`] is used to mask gaps in
`
`automobiles prior to painting and is removed after painting. Jevtec's Response to RFA No. 13
`
`(Ex. 27); see also Ex. 26.
`
`11.
`
`DOMESTIC INDUSTRY
`
`A.
`
`40.
`
`Economic Prong
`
`Brent Niccum is the Manufacturing Manager for the SEFMT product line for 3M
`
`Company. Declaration of Brent Niccum attached as Exhibit 38C to the Second Amended
`Complaint ("Niccum Decl.") 7 1; Ex. 12.
`
`3M manufactures SEFMT [
`41.
`Decl. 7 4; Ex. 12.
`
`3. Niccum
`
`42.
`
`The total area of 3Ms [
`
`manufacture of SEFMT is approximately [
`
`] dedicated to the
`] square feet. Niccum Decl. 7 4; Ex. 12.
`
`Approximately [
`43.
`] square feet of 3M's [
`are dedicated to storage of SEFMT. Niccum Decl. 7 4; Ex. 12.
`
`1
`
`7
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`

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`PUBLIC VERSION
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`44.
`
`Exhibit 22 to the Deposition of Brent Niccum (Apr. 20, 2005) is a layout of 3M's
`
`production area in 3M's [
`Automotive Aftermarket Division (''A"'')
`1. Page 2 of that Exhibit shows the portion of 3M's [
`that is used for SEFMT production. Deposition of Brent Niccum (April 20, 2005) ("Niccum
`
`1
`
`Dep.") at 108:13-1095; Ex. 25.
`
`45.
`
`The original equipment used to manufacture 3M's SEFMT was purchased in 1992
`1. Niccum Decl. 7 5; Ex. 12.
`
`at a cost of approximately [
`
`46.
`
`Exhibit 23 to the Niccum Deposition is a report that shows 3M's fixed assets at
`
`3M's [
`
`] for the AAD Department, including the original
`
`equipment used to manufacture 3M's SEFMT that was purchased in 1992. Niccum Dep. at
`
`111:1-113:6; EX. 25.
`
`47.
`
`Since 1992, 3M has acquired additional equipment dedicated to the manufacture
`1. Niccum Decl. 7 5; Ex. 12.
`
`of SEFMT at a cost of [
`
`48.
`
`Exhibit 24 to the Niccum Deposition is a report showing additional capitalized
`
`equipment acquired since 1992 for the AAD Department at 3M's [
`1, including additional equipment dedicated to the manufacture of SEFMT. Niccum Dep.
`
`111:1-113:6;E~. 25.
`
`49.
`
`SEFMT is [
`
`The total acquisition cost for the equipment dedicated to the manufacture of 3M's
`1. Niccum Decl. 7 5; Ex. 12.
`
`50.
`
`In November 2004, 3M had [
`
`] full-time and [
`
`] temporary employees
`
`that rotated into the [
`
`] positions on 3M's SEFMT production line. 3M maintained an
`
`] operators on the SEFMT production line in 2003 and [
`] operators on the
`average of [
`SEFMT production line in 2004 (YTD through June). Niccum Decl. 7 6; Ex. 12.
`
`8
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`

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`PUBLIC VERSION
`
`5 1.
`
`As of April 2004, 3M had approximately [
`
`3 employees rotating into
`
`the [
`
`] positions on 3Ms SEFMT production line. Niccum Dep. at 101:20-102:8; Ex. 25.
`
`52.
`
`The average number of employees working on 3M's SEFMT production line as of
`
`April 2004, did not change. Niccum Dep. at 113:7-17; Ex. 25.
`
`53.
`
`3M expended approximately [
`
`1
`in 2003 for wages and benefit costs related its SEFMT production line. It is estimated that, for
`
`] in 2002 and approximately [
`
`2004, 3M spent approximately [
`production line. Niccum Decl. 7 7; Ex. 12.
`B.
`
`Technical Prong
`
`] for wages and benefit costs related its SEFMT
`
`54. After the 3M SEFMT is manufactured, [
`1. Deposition of Jerry Steinke taken on April 21,
`
`2005 ("Steinke Dep.") at 25:13-15; Ex. 13.
`
`55.
`
`3M SEFMT is [
`
`3. Steinke Dep. at 25:15-26:13; Ex. 13.
`
`56.
`
`3M Company has disseminated marketing brochures describing its SEFMT
`
`products. Steinke Dep. at 85:13-24, 103:6-19; Ex. 13.
`
`57.
`
`3M employs numerous sales representatives to market products, including foam
`
`masking tape, to auto body shops. Steinke Dep. at 115:2-116:23; Ex. 13.
`
`57A.
`
`Distributor sales of 3M SEFMT exceeded [
`
`] dollars in 2004. ADD
`
`Distributor Sales of Soft-Edge Foam Tape *Sales Dollars & Units for 2001-2005*, Bates nos.
`
`3M021260 and 3M021311, attached as Ex. 29.
`
`58.
`
`06298, [
`
`3M manufactures foam masking tape, under Model Nos. 06296, 06297 and
`1. Complainants' Responses to Commission
`
`9
`
`

`
`Investigative Staffs First Set of Interrogatories (Nos. 1 -30), Response to Interrogatory No. 15;
`
`PUBLIC VERSION
`
`Ex. 14.
`
`59.
`
`Intertape Polymer Corp. National Sales Manager, Automotive Aftermarket,
`
`testified at deposition as follows concerning use of 3M SEFMT:
`
`[
`
`Nicolosi Dep. at 69:24-70:3 (Ex. lo).
`
`60.
`
`Complainants' experts timely filed expert reports in support of, inter alia, the
`
`existence of a domestic industry with respect to the practice of the '097 patent. See Colton Initial
`Report (Ex. 8); Siewert's Report (Ex. 9). See also Colton Decl. 7 9; Ex. 8.
`
`61.
`
`The expert report filed on behalf of Jevtec by David L. McNeight, after the date
`
`set in the Procedural Schedule, does not address Complainants' practice of the '097 patent. See
`
`Opening Expert Report of David L. McNeight on Behalf of Respondents [sic] Jevtec Ltd.
`
`("McNeight Expert Report"), served on May 6,2005; Ex. 6.
`
`62.
`
`Use of the foam masking tape distributed and sold by 3M under the name SEFMT
`
`(Model Nos. 06296, 06297 and 06298) in the manner taught by the text and illustrations found
`
`on the exterior of the box in which it is sold would practice claims 1,4,7, 8, 10, 13, 14 and 16 of
`the '097 patent. Colton Decl. 7 3; Ex. 8.
`
`63. 3M SEFMT is not a staple article of commerce having utility apart from the
`method of claims 1 , 4, 7, 8, 10, 13, 14 and 16 of the '097 patent. Colton Decl. 7 8; Ex. 8.
`
`64.
`
`The box in which 3M SEFMT is packaged bears photos and diagrams that depict
`
`masking a portion of the surface of an automobile and instructions teaching same. Colton Initial
`
`Report at 17; Ex. 8.
`
`10
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`

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`PUBLIC VERSION
`
`65.
`
`- The diagrams, photos and instructions accompanying 3M SEFMT packaging
`
`teach application of the foam tape to a part of an automobile. Colton Initial Report at 17-1 8; Ex.
`
`8.
`
`66.
`
`Those of skill in the art use foam masking tape distributed and sold by 3M under
`
`the name SEFMT in the manner taught by the text and illustrations found on the exterior of the
`box in which it is sold. Siewert Decl. 7 3; Ex. 9.
`
`There is no substantial use for 3M SEFMT other than to mask the gaps in
`67.
`automobiles prior to painting. Siewert Decl. 7 5; Ex. 9.
`
`68.
`
`Autobody technicians use the 3M foam masking tapes so as to mask the gaps in
`
`automobiles prior to painting. Siewert's Report; see Ex. 9.
`
`69.
`
`An autobody technician of ordinary skill would apply 3M's SEFMT to a portion
`
`of the car so as to fill a gap in the surface of the automobile and prevent unwanted entry of paint
`
`into the gap. Id.; see Ex. 9.
`
`70. Mr. Siewert has both used and observed the use of 3M's SEFMT, by technicians
`
`of ordinary skill, to mask gaps of an automobile prior to painting. Id; see Ex. 9.
`
`111. GENERAL EXCLUSION ORDER
`
`71.
`
`72.
`
`mumber not used].
`
`Gin0 J. Bauwens is the Owner and Chief Financial Officer for Chemicar USA,
`
`Inc. ("Chemicar"). Declaration of Gino J. Bauwens in Support of Respondent Chemicar USA,
`Inc.'s Settlement Agreement ("Bauwens Decl.") 7 1; Ex. 15.
`
`73.
`
`Chemicar is a Tennessee corporation having its principal place of business at 670
`
`New York Street, Memphis, Tennessee 38104. Chemicar is in the business of importing and
`selling automotive aftermarket products including foam masking tape. Bauwens Decl. 7 2; Ex.
`
`15.
`
`11
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`PUBLIC VERSION
`
`74.
`
`Chemicar has sold its accused foam masking tape products as [
`
`I.
`Chemicar also sold some foam in blank boxes under the same item numbers. Bauwens Decl. 7
`
`5(a); Ex. 15.
`
`75.
`
`76.
`
`Chemicar's manufacturerhupplier of the accused products was [
`1, located in [
`1. Bauwens Decl. 7 5(b); Ex. 15.
`
`Chemicar's first order of the accused products was received in Chemicar's
`3. Bauwens Decl. 7 5(c);
`
`] on or about [
`
`warehouse in [
`
`Ex. 15.
`
`*
`1 s
`
`77. Chemicar has imported the following accused products into the United States in
`1 separate shipments:
`Shipment 1
`
`Date
`
`Model Type
`1
`
`[
`
`1
`
`No. of
`Boxes
`
`Value
`
`[ 1
`
`( [
`
`1
`
`[
`[
`
`[
`[
`
`[
`
`[
`
`1
`1
`1
`1
`
`1
`
`1
`
`TOTAL
`Bauwens Decl. 7 5(d); Ex. 15.
`
`12
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`PUBLIC VERSION
`
`78.
`
`Chemicar has sold the following accused products in the United States:
`
`Model Type
`
`No. of Boxes
`
`Value
`
`Bauwens Decl. 7 5(e); Ex. 15
`
`79.
`
`The ports of entry for Chemicar's accused products were [
`1. Bauwens Decl. 7 5(f); Ex. 15.
`
`80.
`
`The Harmonized Tariff Schedule of the United States number(s) under which the
`
`accused products were imported into the United States are as follows:
`1
`1
`I.
`
`Bauwens Decl. 7 5(g); Ex. 15.
`
`Benoit Bazin is Vice President of Saint-Gobain Abrasives, Inc. ("Saint-Gobain
`8 1.
`Abrasives"). Declaration of Benoit Bazin ("Bazin Decl.") 7 1; Ex. 16.
`1, Saint-Gobain Abrasives has imported into the
`
`Since at least [
`
`82.
`
`United States and/or sold for importation into the United States foam masking tape under the
`brand name NormagTM Foam Masking Tape, Model No. 63642505665. Bazin Decl. 7 2; Ex. 16.
`
`83.
`
`NormagTM Foam Masking Tape valued at $[
`
`] rolls of
`Saint-Gobain Abrasives has imported into the United States [
`1. A schedule of Saint-Gobain Abrasives'
`U.S. imports of NormagTM Foam Masking Tape is attached to the Declaration of Benoit Bazin as
`Exhibit A. Bazin Decl. 7 3; Ex. 16.
`
`84.
`
`Saint-Gobain Abrasives has sold after importation into the United States
`1. A schedule of Saint-
`
`] rolls of NormagTM Foam Masking Tape for $[
`
`[
`
`13
`
`

`
`PUBLIC VERSION
`
`Gobain Abrasives' U.S. sales of NormagTM Foam Masking Tape is attached to the Declaration of
`Benoit Bazin as Exhibit B. Bazin Decl. 7 4; Ex. 16.
`
`85.
`
`Saint-Gobain Abrasives purchased its NormagTM Foam Masking Tape from
`1. Bazin Decl. 7 6; Ex.
`
`[
`
`16.
`
`86.
`
`True and correct copies of invoices documenting Saint-Gobain Abrasives'
`
`purchase of NormagTM Foam Masking Tape [
`of Benoit Bazin as Exhibit C. Bazin Decl. 7 7; Ex. 16.
`
`] are attached to the Declaration
`
`87.
`
`The Harmonized Tariff Schedule of the United States number(s) under which the
`1. Bazin
`
`NormagTM Foam Masking Tape was imported into the United States is [
`Decl. 7 8; Ex. 16.
`
`The port entry for the NormagTM Foam Masking Tape was [
`88.
`Decl. 7 9; Ex. 16.
`
`1. Bazin
`
`89.
`
`Peter M. Stein is the Vice-president of Indasa U.S.A., Inc. ("Indasa U.S.A.").
`
`Indasa U.S.A. is a wholly owned subsidiary of Indasa, S.A. ("Indasa, S.A."). Declaration of
`Peter M. Stein ("Stein Decl.") 7 1 ; Ex. 17.
`
`90.
`
`Indasa U.S.A. is a Delaware corporation, with a place of business at 9 Falstrom
`
`Court, Passaic, New Jersey 07055, that distributes and sells commercial and consumer abrasives
`and other products. Stein Decl. 7 2; Ex. 17.
`
`91.
`
`Indasa, S.A. is a corporation organized under the laws of Portugal with its
`
`principal place of business located at Zona Industrial de Aveiro, Lote 46, P.O. Box 3005, 3801-
`
`Indasa, S.A. manufactures, distributes and sells commercial and
`903, Aveiro, Portugal.
`consumer abrasives and other products. Stein Decl. 7 3; Ex. 17.
`
`14
`
`

`
`PUBLIC VERSION
`
`92.
`
`The model numbers of Indasa's accused foam masking tape are [
`1. Stein Decl. 7 5; Ex. 17.
`
`93.
`
`[
`
`] is the manufacturer and supplier of the accused foam masking tape
`
`for Indasa U.S.A. Stein Decl. T[ 6; Ex. 17.
`
`94.
`
`Attached as Exhibit A to the Declaration of Peter M. Stein are the two invoices
`
`Indasa U.S.A. received for the accused foam masking tape: [
`
`95.
`
`Indasa U.S.A. received a total of [
`
`] of the accused foam masking
`
`tape in the United States. The [
`
`1. Stein Decl. T[ 7; Ex. 17.
`
`96.
`
`Indasa U.S.A. imported a total of [
`
`1. Stein Decl. T[ 8; Ex. 17.
`1, into the United States, of the
`1. Stein Decl. 7 9; Ex. 17.
`accused foam masking tape at a total purchase price of $[
`1, in the United States, of the accused foam
`1. The sales were completed from
`masking tape for an approximate total sales price of $[
`1. Stein Decl. T[ 10; Ex. 17.
`
`97.
`
`Indasa U.S.A. sold [
`
`[
`
`98.
`
`Attached as Exhibit B to the Declaration of Peter M. Stein are five sample
`
`invoices sent by Indasa U.S.A. to various retail customers. Stein Decl. T[ 11; Ex. 17.
`
`99.
`
`The only known port of entry of Indasa's accused foam masking tape, which was
`1. Stein Decl. T[ 12;
`
`designated to be shipped to Indasa U.S.A., is [
`
`Ex. 17.
`
`15
`
`

`
`PUBLIC VERSION
`
`100. The numbers in the Harmonized Tariff Schedule of the United States under which
`
`Indasa's accused foam masking tape was imported into the United States are [
`1. Stein Decl. 7 13; Ex. 17.
`
`101. William C. Ruffini
`is Assistant Vice-president of Transtar Autobody
`Technologies, Inc. ("Transtar"). Declaration of William C. Ruffini ("Ruffini Decl.") 7 1; Ex. 18.
`
`102. The Transtar part numbers for the accused products are as follows:
`
`1
`I.
`
`Ruffini Decl. 7 2; Ex. 18.
`
`103. Transtar's accused products are produced by:
`
`[
`
`Ruffini Decl. 7 3; Ex. 18.
`
`I-
`
`104. Transtar purchases the accused products through an export agent:
`
`[
`
`I.
`
`Ruffini Decl. 7 3; Ex. 18.
`
`105. Transtar received an initial shipment of the accused products on [
`
`I.
`
`A copy of the invoice is attached to the Declaration of William C. Ruffini as Exhibit A. Ruffini
`Decl. 7 4; Ex. 18.
`
`16
`
`

`
`PUBLIC VERSION
`
`106.
`
`Set forth below is a listing of all receipts by Transtar in the United States of the
`
`accused products:
`
`[
`
`Ruffini Decl. 7 5; Ex. 18.
`
`I.
`
`107.
`
`Transtar's U.S. sales of the accused products are as follows:
`
`[
`
`Ruffini Decl. 7 6; Ex. 18.
`
`I.
`
`] shipments of the accused Transtar products was
`108. The port of entry for all [
`1. Ruffini Decl. 7 7; Ex. 18.
`
`17
`
`

`
`PUBLIC VERSION
`
`109. The Harmonized Tariff Schedule Number for the accused Transtar products is
`1. Ruffini Decl. 7 8; Ex. 18.
`
`110. Shirley Chen is Marketing Manager of Continental Marketing International
`("CMI"). Declaration of Shirley Chen ("Chen Decl.") 7 1; Ex. 19.
`
`1 1 1. The CMI part numbers for CMI's accused products are as follows:
`
`Chen Decl. 7 2; Ex. 19.
`
`1 12. CMI's accused products are produced by:
`
`Chen Decl. 7 3; Ex. 19.
`
`I.
`
`CMI purchased the accused products from [
`
`] ChenDecl.
`
`1 13.
`7 3; Ex. 19.
`
`I.
`CMI received an initial shipment of the accused products on [
`114.
`Copies of invoices are attached to the Declaration of Shirley Chen as Exhibit A. Chen Decl. 7 4;
`
`Ex. 19.
`
`115. A listing of all receipts of the accused products by CMI from [
`
`] is as follows:
`
`[
`
`1
`
`18
`
`

`
`PUBLIC VERSION
`
`Chen Decl. 7 5; Ex. 19.
`
`I.
`
`116. CMI's U.S. sales of the accused products were only to [
`3 and the sales are as follows:
`
`[
`
`1
`
`Chen Decl. 7 6; Ex. 19.
`
`117. The port of entry for all [
`1. Chen Decl. 7 7; Ex. 19.
`
`3 shipments of CMI's accused products was
`
`118. The Harmonized Tariff Schedule Number for CMI's accused products is
`3. Chen Decl. 7 8, Ex. 19.
`
`[
`
`[
`
`Henk Klein Wassink is the Financial Director for E.M.M. International B.V.
`119.
`("E.M.M. International"). Declaration of Henk Klein Wassink ("Wassink Decl.") 7 1; Ex. 20.
`
`120. Since at least [
`
`] E.M.M. International imported into the United
`
`States and/or sold for importation into the United States under the brand name ColadB Foam
`
`19
`
`

`
`PUBLIC VERSION
`
`Masking Tape (13mm) - Article #908013 and ColadB Foam Masking Tape (19mm) - Article
`#908019. Wassink Decl. 7 2; Ex. 20.
`
`121. All of the ColadB Foam Masking Tape [
`
`1. Wassink Decl. 7 3; Ex. 20.
`
`122. The value of the ColadB Foam Masking Tape E.M.M. International imported into
`
`the United States and/or sold for importation into the United States is as follows:
`
`PRODUCT
`
`VALUE
`
`c
`
`Wassink Decl. 7 4; Ex. 20.
`
`I.
`
`123. E.M.M. International has accepted the return of [
`
`1. Wassink Decl. 7 5; Ex. 20.
`
`124. E.M.M. International purchases its ColadB Foam Masking Tape from [
`1. Wassink Decl. 7 6; Ex. 20.
`
`125. Klaus W. Voss is the president of Vosschemie GmbH ("Vosschemie").
`Declaration of Vosschemie GmbH ("Voss Decl.") 7 1; Ex. 21.
`
`20
`
`

`
`PUBLIC VERSION
`
`126. Vosschemie has engaged in only [
`
`] shipment into the United States of foam
`
`masking tape that is the subject of the present investigation. Specifically, [
`
`3. A copy of the invoice
`is attached to the Declaration of Vosschemie GmbH. Voss Decl. 7 2; Ex. 21.
`
`127. Lee Freeman is the President and Chief Executive Officer of EMM America, Inc.
`
`("EMM America"). Declaration of Lee Freeman ("Freeman Decl.") T[ 1; Ex. 22.
`
`128. Since at least [
`
`22.
`
`129. EMM America has imported into the United States [
`
`1. Freeman Decl. 7 2; Ex.
`
`3. Freeman Decl. 7 3; Ex. 22.
`
`130. EMM America purchases its [
`1. Freeman Decl. 7 4; Ex. 22.
`
`13 1. True and correct copies of invoices documenting [
`3 are attached to the Declaration of
`
`Lee Freeman to as Exhibit A. Freeman Decl. 7 5; Ex. 22.
`
`21
`
`

`
`PUBLIC VERSION
`
`132. A true and correct copy of a Schedule of EMM America's importations of
`
`[
`Freeman Decl. 7 6; Ex. 22.
`
`] is attached to the Declaration of Lee Freeman as Exhibit B.
`
`133. The port of entry into the United States for EMM America's [
`1. Freeman Decl. 7 7;
`
`1 is r
`
`Ex. 22.
`
`134. EMM America's [
`
`under the Harmonized Tariff Schedule of the United States number [
`7 8; Ex. 22.
`
`] is imported into the United States
`1. Freeman Decl.
`
`135. EMM America has sold in the United States after importation [
`
`3. Freeman Decl. 7 9; Ex. 22.
`
`136. A true and correct copy of a document entitled [
`
`] setting forth EMM America's sales of [
`] is attached the Declaration of Lee Freeman as Exhibit C. Freeman Decl. 7
`
`10; Ex. 22.
`
`137. EMM America currently maintains a U.S. inventory of [
`
`1, This inventory includes product
`
`returned or called back as a result of the investigation. Freeman Decl. $I 1 1 ; Ex. 22.
`
`138. A true and correct copy of a summary of the status and disposition of EMM
`
`America's U.S. inventory of [
`Declaration as Exhibit D. Freeman Decl. 7 12; Ex. 22.
`
`] is attached to the Freeman
`
`22
`
`

`
`PUBLIC VERSION
`
`139. Boss Auto Import, S.A. ("BOSS Auto") is a manufacturer of accused foam
`
`masking tape. Response of Respondent Boss Auto Import, S.A. to Complainant 3M's First Set of
`
`Interrogatories ("Boss Auto's Response"), Response to 3M Interrogatory No. 3; Ex. 24; Ex. 24.
`
`140.
`
`The first sale of Boss Auto's accused foam masking tape was to [
`1. Boss Auto's Response to 3M Interrogatory No. 6; Ex. 24.
`
`The port of entry for Boss Auto's accused foam masking tape is [
`141.
`1. Boss Auto's Response to 3M Interrogatory No. 8; Ex. 24.
`
`142. Boss Auto's accused foam masking tape was imported into the United States under
`1. Boss Auto's
`
`the Harmonized Tariff Schedule of the United States number [
`
`143. Until [
`
`Response to 3M Interrogatory No. 9; Ex. 24.
`3, the accused foam masking tape imported and sold by the
`1.
`
`Intertape Respondents was manufactured by [
`
`Intertape
`
`Respondents' Response to 3M Interrogatory No. 23; Ex. 23.
`1, the Intertape Respondents' accused foam
`
`144. Beginning in [
`
`masking tape has been manufactured by [
`
`] Intertape Respondents'
`
`Response to 3M Interrogatory No. 23; Ex. 23.
`
`145.
`
`Jevtec manufactures its accused foam masking tape in [
`
`I.
`
`Jevtec's Response to 3M Interrogatory No. 1; Ex. 4.
`
`146.
`
`Jevtec sells its accused foam masking tape to [
`
`] for subsequent resale. Jevtec's Response to 3M Interrogatory No. 1; Ex. 4.
`
`147.
`
`Intertape Polymer Corp. is a Delaware corporation having its principal place of
`
`business located at 3647 Cortez Road West, Bradenton, Florida 34210. See Second Amended
`
`Complaint T[ 12; Response of Respondents Intertape Polymer Corp., IPG Administrative Services
`
`23
`
`

`
`PUBLIC VERSION
`
`Inc. and Intertape Polymer Group Inc. to the Amended Complaint and the Notice of Investigation
`7 12.
`
`148.
`
`IPG Administrative Services, Inc. is a Delaware corporation having its principal
`
`place of business located at 3647 Cortez Road West, Bradenton, Florida 34210. See Second
`Amended Complaint 1 12A; Response of Respondents Intertape Polymer Corp., IPG
`
`Administrative Services Inc. and Intertape Polymer Group Inc. to the Amended Complaint and
`the Notice of Investigation 7 12A.
`
`149.
`
`Intertape Polymer Group, Inc. is a corporation organized under the laws of
`
`Canada with its principal place of business located at 110 E. Montee de Liesse, Montreal,
`Quebec, Canada H4T 1N4. See Second Amended Complaint 7 11; Response of Respondents
`
`Intertape Polymer Corp., IPG Administrative Services Inc. and Intertape Polymer Group Inc. to
`the Amended Complaint and the Notice of Investigation 7 1 1.
`
`150. The Intertape Respondents' first delivered the accused DM-37 ShieldFastTM foam
`1. Intertape Respondents' Response to 3M Interrogatory
`
`masking tape [
`
`No. 4(d).
`
`15 1. The Intertape Respondents have imported and sold, through December 3 1, 2004,
`
`approximately [
`
`] of DM-37 ShieldFastTM foam masking tape.
`
`Intertape
`
`Respondents' Response to 3M Interrogatory No. 4(e); Ex. 23.
`
`152. The ports of entry for the Intertape Respondents' DM-37 ShieldFastTM foam
`3.
`
`Intertape Respondents'
`
`masking tape are [
`
`Response to 3M Interrogatory No. 8; Ex. 23.
`
`153. The Harmonized Tariff Schedule of the United States numbers under which the
`
`Intertape Respondents' DM-37 ShieldFastTM foam masking tape are imported into the United
`1. Intertape Respondents' Response to 3M Interrogatory No. 9; Ex. 23.
`
`States are [
`
`24
`
`

`
`PUBLIC VERSION
`
`154.
`
`The - import price of the Intertape Respondents' DM-37 ShieldFastTM foam
`1. See Ex. 5 at IP 00745.
`
`masking tape is $[
`
`155.
`
`For the year 2000, the Intertape Respondents' total U.S. sales of DM-37
`1. See Ex. 5 at IP 0 1670- 1675.
`
`ShieldFast'" foam masking tape was $[
`
`156. For the year 2001, the Intertape Respondents' total U.S. sales of DM-37
`3. See

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