A Haynes and Boone, LLP team led by Denver Partner Robert Ziemian helped a firm client, Nite Ize, Inc., (Nite Ize) secure a General Exclusion Order (GEO) from the International Trade Commission (ITC) excluding from importation all products covered by certain Nite Ize patents related to their Steelie ecosystem of hands-free mobile device mounts. Additionally, the ITC issued 16 specific exclusion orders against primarily Chinese companies, preventing them from importing knockoff mobile device holders into the United States.
The GEO issued by the ITC became final in April, barring the Chinese-made products that infringe Nite Ize’s patents from being imported. The order directs the U.S. Customs and Border Protection Agency to prevent the products from entering the United States. The ITC also issued cease and desist orders against the importers of infringing products.
Nite Ize, based in Boulder, Colorado, designs and sells online a wide variety of products, including the popular Steelie line of phone holders and mounts that were knocked-off. Overseas manufacturers were attempting to undercut Nite Ize by selling the knockoffs online.
The ITC’s action resulted from a 15-month investigation and litigation process that included arguments before an Administrative Law Judge who found in favor of Nite Ize. The ITC published the order in February, and it became final after a 60-day waiting period.
Nite Ize, Inc. develops and manufactures personal products and accessories. The Company offers products such as gear tie reusable rubber twist ties, double-gated carabiners, LED bike lights and dog collar covers, and flashlight mounts. Nite Ize serves customers worldwide.
Haynes and Boone advised with a team including Robert Ziemian (Picture) and Associate Michael Goodman
Law Firms: Haynes and Boone;
Clients: Nite Ize, Inc.;