ITC investigators open Heineken case

Petition claims Anheuser-Busch violated intellectual property laws with its beverage-dispensing systems and components.    The International Trade Commission is starting an investigation into potential intellectual property law violations under Section 337 of the Tariff Act of 1930 by Belgium-based Anheuser-Busch InBev S.A., InBev Belgium N.V. and St. Louis-based Anheuser-Busch LLC pertaining to certain beverage-dispensing systems and their components.
   The ITC on Aug. 2 received a complaint from Heineken International B.V., Heineken Supply Chain B.V. and Heineken USA Inc. seeking relief under Section 337 for alleged intellectual property law violations by the importation, sale for importation and sale within the United States after importation of certain beverage-dispensing systems and components thereof.
   The plain language description of the products subject to the complaint is: “drink dispensing systems that include a dispenser, a replaceable dispensing line and a beverage container.”
   Heineken seeks a limited exclusion order on imports of certain beverage-dispensing systems and components thereof, cease-and-desist orders on their sale and imposition of a bond during the ITC’s 60-day review period.
   ITC remedy orders in Section 337 cases are effective upon issuance and become final 60 days later, unless disapproved for policy reasons by the Office of the U.S. Trade Representative within that two-month period.
   Section 337 of the Tariff Act of 1930 declares infringement of a U.S. patent, copyright, registered trademark or mask work to be unlawful in import trade. The provision also holds as unlawful other unfair methods of competition and unfair acts in the importation and subsequent sale of products in the United States, the threat or effect of which is to destroy or substantially injure a domestic industry, prevent establishment of such an industry or restrain or monopolize U.S. trade and commerce.
   If it finds violations under the statute, the ITC may issue orders prohibiting the importation of certain products into the United States.