Certain Photovoltaic Trunk Bus Cable Assemblies and Components Thereof; Inv. No. 337-TA-1438 (Violation)
U.S. International Trade Commission
Holding
The Commission affirmed, with modified reasoning, the finding that Shoals satisfied the economic prong of the domestic industry requirement, and found that the Voltage respondents violated section 337 as to claims 1, 8, 12, and 20 of the '375 patent and claims 1, 10, and 12 of the '376 patent. It issued a limited exclusion order against Voltage's infringing products, declined to issue cease and desist orders, and set a 100% bond.
Why It Matters
The LEO bars Voltage's infringing photovoltaic trunk bus cable assemblies. It covers all products within the scope of the investigation, not just the adjudicated configurations, but it excludes the three adjudicated non-infringing alternative designs and adds a heightened certification provision to help CBP. The Commission refused to delay the effective date and refused a GEO, so Voltage can import only under 100% bond during Presidential review. Voltage's remaining arguments may be reviewed on appeal.
Full Summary
Key Points
- Economic prong of domestic industry affirmed under both 19 U.S.C. § 1337(a)(3)(A) and (B) with modified reasoning, relying on undisputed evidence that Shoals has only ever manufactured its BLA in the United States; Commissioner Karpel would affirm the FID's analysis in full.
- All other FID findings were left unreviewed and adopted, including infringement of the asserted claims by LYNX and the 1365 ADs, and the technical prong. The P-weld, D-weld, and Bolt alternative designs were found non-infringing.
- LEO issued, defined by the NOI's plain-language product description. It is not limited to adjudicated configurations, exempts the three non-infringing ADs, adds certification language, grants no delayed effective date, and has no service and repair exception because Voltage withdrew that request. No GEO issued because Shoals never sought one and the record was insufficient.
- No cease and desist orders issued: Shoals's claims of significant domestic operations and stockpiling were speculative, and the standard LEO language already reaches affiliated entities.
- Public interest does not preclude relief, since Voltage's claims of harm to customers and consumers were unsupported attorney argument. Bond set at 100% of entered value because a price differential is impractical for customized products and no reasonable royalty was shown.
How this summary was made: Drafted with AI from the Commission's document; before publishing, code checked that the quotation and the citations it gives appear in that document. Editorial policy
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