Patent Infringement Lawsuit Involving Airport Security Luggage
October 20, 2009
SITC Institutes Section 337 Investigation of Patent Infringement Lawsuit Involving Airport Security Luggage Inspection Methods
Related Practice Areas: International Business, International Trade
Offices: Washington, D.C.
Contact: Donald R. Dinan, 202.216.8302
(Washington, D.C.) – Last week, the U.S. International Trade Commission (USITC) voted to institute an investigation of 20 dual access locks and products based on a Complaint filed by Roetzel & Andress on September 15, 2009 on behalf of David Tropp and Safe Skies, LLC for patent infringement against foreign luggage lock manufacturers. The investigation under Section 337 of the Tariff Act, is based on the unlawful importation into the U.S., sale for importation, and/or sale after importation of airport security-friendly luggage locks which infringe Mr. Tropp’s patents.
The Complaint seeks to have infringing locks excluded from importation into the United States. The USITC exclusion orders are enforced by the U.S. Customs and Border Protection, Department of Homeland Security.
The USITC will make a final determination in the investigation at the earliest practicable time. USITC remedial orders in Section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative.
In 2002, Tropp developed an innovative system for making airline luggage inspection secure while accommodating the needs of the traveler. The system involves a special dual access lock, called the “TSA Lock,” available to airline travelers that can be opened by both the luggage owner and the Transportation Security Administration (“TSA”). This system provides a solution to the problem of clipped locks resulting from the TSA’s policy of cutting locks on luggage, if necessary, for inspection. The TSA Lock, currently used by more than 60 million travelers and recognized by 50,000 TSA officers in 400 U.S. airports, was patented by Tropp in April of 2006 and is covered by two U.S. patents, both entitled “Method of Improving Airline Luggage Inspection.”
The foreign lock manufacturers named in the Complaint, based in five countries with the majority located in China, have unlawfully manufactured, imported and distributed identical dual-entry TSA Locks into U.S. retail and distribution outlets. All infringing companies make TSA locks, baggage or luggage incorporating TSA locks and collaborate with Travel Sentry, also being sued for patent infringement. The impact of these infringements is not only lost domestic sales for Tropp’s patented methods, but also compromised security issues relating to possible tampering of luggage with clipped locks.
For additional information about this case, please contact Donald Dinan at 202.216.8302.
About Roetzel & Andress
Founded in 1876, Roetzel & Andress is a law firm with 11 offices throughout Ohio, Florida and Washington, D.C. The firm has more than 220 attorneys who provide comprehensive, integrated legal counsel in more than 40 different areas of law, and practice both nationally and internationally. For more information, visit www.ralaw.com.
About Safe Skies LLC
Safe Skies LLC (http://www.safeskieslocks.com) sells 100+ different styles of TSA luggage locks accepted and recognized by TSA and by United Kingdom’s Her Majesty’s Revenue and Customs (HMRC). All Safe Skies TSA Locks are protected by US Patents 7,021,537 and 7,036,728 with worldwide patents pending.
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