Unilin U.S. Patent Case Decision Set for May 15

Wielsbeke, Belgium, April 20, 2020-As a consequence of Unilin intellectual property’s argumentation, staff attorneys from the International Trade Commission’s (ITC) office of unfair import investigations, appointed by the ITC to act as an independent party during a Section 337 investigation, filed their opinion regarding the ITC case filed by Unilin on March 25, 2019 against the unlicensed importation of glueless resilient and rigid flooring products.

In an 88-page opinion, the ITC staff completely followed Unilin’s infringement arguments and also supports a general exclusion order against products falling under Unilin’s patents, which are imported without license or other right on such patents. Such general exclusion order means that U.S. customs will be instructed to prevent importation of all unlicensed patent infringing products into the United States.

Unilin’s complaint was based on 59 claims of three different US patents: U.S. Patent No. 9,200,460, U.S. Patent No. 10,208,490 and U.S. Patent No. 10,233,655, all relating to technologies used in clickable vinyl products. Administrative Judge Shaw is scheduled to decide on the matter by May 15, 2020.