On 13 November 2024, the U.S. International Trade Commission (ITC) issued a notice that the investigation of Certain Photovoltaic Connectors and Components Thereof (Investigative Code: 337-TA-1365) has entered a new phase.The ITC has decided to conduct a partial review of the Final The ITC has decided to conduct a partial review of the Final Injunction Determination (FID) and seek comments on possible remedies, public interest, and bonding. The review extends the investigation period of this case until 25 January 2025.
Since 5 June 2023, when the ITC voted to initiate a 337 investigation into certain PV connectors and their assemblies, the case has gone through a number of adjudications. The case was initially filed by Shoals Technologies Group, LLC in the United States, which filed a petition to open an investigation, asserting that exports to the United States, imports into the United States, and sales in the United States of the products infringed its intellectual property rights, and requesting that the ITC issue an order of limited exclusion and an injunction. The named defendants include Hikam America, Inc. of the United States, Hikam Electrónica de México, S.A. de C.V. of Mexico, Hikam Tecnologia de Sinaloa of Mexico, Hewtech Philippines Corp. of the Philippines, Hewtech Philippines Electronics Corp. of the Philippines, Hewtech (Shenzhen) Electronics Co., Ltd., of China, Voltage, LLC of the United States, and Ningbo Voltage Smart Production Co. of China.
The ITC issued a number of final decisions at different points in time. In particular, on 26 April 2024, the ITC issued a final decision not to review the Initial Decision (No. 29) issued by the Administrative Law Judge in this case on 2 April 2024, i.e., to terminate the investigation of Complaint No. 8 of U.S. Patent No. 11,689,153 registered in this case based on the withdrawal of the petitioner. On 19 April, 26 March, and 11 March 2024, the ITC also issued final decisions, respectively, not to review a number of preliminary rulings and to terminate the investigation of the relevant patent claims on the basis of the withdrawal of the petitioner or the petitioner's failure to satisfy the scientific and technical elements of the U.S. domestic industry status.
Notably, on 16 August 2023, the ITC issued a final decision agreeing with the Filing Party's proposal to include U.S. Registered Patent No. 11,689,153 in the investigation and establishing a 17-month investigation period with a projected termination date of 12 November 2024 for the investigation. With the issuance of this Reexamination Decision, the investigation period has been extended to 25 January 2025.
For the companies and parties involved in the case, the review adds to the uncertainty of the case and provides an opportunity for all parties to further elaborate their views.
Source：https://news.solarbe.com/202411/15/384095.html