Milwaukee Electric Tool Corporation et al. v. Unknown

Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd. jointly initiated an investigation at the U.S. International Trade Commission (ITC). Milwaukee Electric Tool Corporation is an American multinational company known for developing, manufacturing, and marketing heavy-duty power tools, hand tools, tool accessories, and tool storage solutions, including its PACKOUT™ modular storage system. Keter Home and Garden Products Ltd. is an Israeli manufacturer specializing in resin-based household and garden consumer products, such as outdoor and indoor storage solutions, tool storage systems, and outdoor furniture, emphasizing durability and sustainability. The investigation, titled "Certain Storage Containers and Toolboxes," alleged infringement by imported products. The specific respondents accused in the complaint were not publicly identified before the case's termination.

The sole patent asserted in this investigation was U.S. Patent No. 11,952,167, titled "Utility assembly and coupling mechanism." This patent, assigned to Milwaukee Electric Tool Corporation and issued on April 9, 2024, technically sketches a coupling mechanism designed for detachably attaching two or more utility modules to one another, encompassing utility assemblies, mobile carriers, and other attachable modules and articles. The case was filed with the U.S. International Trade Commission (ITC) under case number 337-TA-3749. The ITC is a specialized forum for intellectual property disputes involving imported goods, known for its expedited proceedings and the potent remedy of exclusion orders, which block infringing imports from entering the U.S. Complainants must demonstrate the existence of a domestic industry that exploits the asserted intellectual property rights.

This particular ITC investigation is notable for its remarkably brief lifespan and unusual outcome. Filed on May 23, 2024, the case was terminated just 19 days later, on June 11, 2024, with the complainants, Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd., being terminated from the case. This swift termination, occurring within the typical 30-day window for the ITC to decide whether to formally institute an investigation, suggests that the complaint did not proceed to a full investigation, possibly due to a withdrawal by the complainants or a decision by the Commission not to institute the investigation based on initial review. Such a rapid conclusion, especially with the complainants themselves being terminated, is uncommon for ITC Section 337 proceedings, which typically span 15-18 months.

Based on the provided case metadata, the U.S. International Trade Commission (ITC) investigation 337-TA-3749 involving Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd. was filed on 2024-05-23 and terminated on 2024-06-11. Due to this extremely short duration (less than one month), public records and web searches for "337-TA-3749" indicate that this specific investigation did not proceed through any significant litigation stages such as substantive pre-trial motions, claim construction, discovery, or trial, and no public docket entries or detailed rulings are available for an ITC investigation with this case number and termination date.

It is important to note a discrepancy in the provided case number. While "337-TA-3749" shows no substantive public record of an ITC investigation progressing beyond initial filing, a different, active ITC investigation, 337-TA-1409, involves the same complainants (Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd.) and the patent U.S. Patent No. 11,952,167, along with U.S. Patent No. 11,365,026 and U.S. Patent No. 11,794,952. This investigation, 337-TA-1409, has progressed significantly through the ITC process.

Below are the key legal developments for the ITC investigation 337-TA-1409, which aligns with the complainants and patent at issue, and has a publicly available record of activity:

Key Legal Developments for ITC Investigation 337-TA-1409

• Filing & Initial Pleadings:

  • 2024-06-13: A complaint was filed with the U.S. International Trade Commission by Milwaukee Electric Tool Corporation of Brookfield, Wisconsin, and Keter Home and Garden Products Ltd. of Israel. The complaint alleged violations of Section 337 of the Tariff Act of 1930 based on the importation, sale for importation, and sale within the United States after importation of certain storage containers and toolboxes, organizers, component boxes, and coolers infringing U.S. Patent Nos. 11,365,026, 11,794,952, and 11,952,167. The complainants requested a limited exclusion order and a cease and desist order.
  • 2024-07-15: The U.S. International Trade Commission voted to institute an investigation into the complaint.
  • 2024-07-19: The Commission formally instituted investigation 337-TA-1409, naming Klein Tools, Inc. of Lincolnshire, Illinois, as the respondent.

• Pre-trial Motions of Substance & Claim Construction:

  • Over the course of the investigation, the complainants withdrew certain asserted claims.
  • 2025-01-24: Order No. 15 was issued regarding claim withdrawals.
  • 2025-02-11: Order No. 19 was issued regarding claim withdrawals.
  • 2025-02-27: Order No. 20 was issued, further detailing the withdrawal of claims. The asserted claims remaining included claims 4 and 8 of U.S. Patent No. 11,365,026; claims 3, 4, 8, and 16 of U.S. Patent No. 11,794,952; and claims 2, 5, 8, 14, and 15 of U.S. Patent No. 11,952,167.

• Trial Events & Initial Determination:

  • 2025-08-01: The Chief Administrative Law Judge (CALJ) issued a Final Initial Determination (FID). The FID found a violation of Section 337, determining that all of the remaining asserted patent claims were infringed and not invalid. The FID also found that the domestic industry requirement was satisfied for each of the asserted patents under sections 337(a)(3)(A) and (B).

• Post-Trial Motions & Commission Review:

  • 2025-08-15: Respondent Klein Tools, Inc. filed a petition for Commission review of the FID, specifically challenging the economic and technical prongs of the domestic industry requirement and invalidity based on certain prior art.
  • 2025-08-28: The complainants filed a response to Klein Tools' petition.
  • 2025-09-02: The complainants filed a public interest submission.
  • 2026-01-26: The Commission issued a decision to review the Initial Determination in part and set a schedule for filing written submissions on the issues under review, remedy, the public interest, and bonding.

• Parallel PTAB IPR/PGR Proceedings:

  • A search of the USPTO's Patent Trial and Appeal Board (PTAB) database for U.S. Patent No. 11,952,167 (and related patents 11,365,026 and 11,794,952) did not reveal any instituted or ongoing inter partes review (IPR) or post-grant review (PGR) proceedings as of the current date.

Outcome for 337-TA-1409: The investigation is currently active and ongoing at the Commission review stage. The Commission is reviewing the CALJ's Final Initial Determination which found a violation of Section 337, infringement, and validity of the asserted claims.

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Note on the provided case number (337-TA-3749):
The metadata for "337-TA-3749" suggests a very short-lived ITC investigation. There is no publicly available information indicating any substantive legal developments for an ITC case with this specific number. It's possible the provided case number was a typographical error for 337-TA-1409, or refers to a complaint that was filed but not instituted, or was withdrawn immediately. There was also a related district court case, Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd. v. Klein Tools, Inc. (Case No. 1:24-cv-04284) in the U.S. District Court for the Northern District of Illinois, which was filed on May 23, 2024, and voluntarily dismissed without prejudice by the plaintiffs on July 22, 2024, before the defendant filed an answer. This district court case shares the filing date of the metadata provided for the ITC case and a termination date close to the one provided in the prompt, but it is a separate federal court action, not an ITC investigation.

The provided case information states that ITC investigation 337-TA-3749 was filed on 2024-05-23 and terminated on 2024-06-11, with the complainants themselves being terminated. This suggests a very short duration for the case.

However, further search results indicate that a related, or potentially re-filed, investigation concerning "Certain Storage Containers and Toolboxes, Organizers, Component Boxes, Coolers, and Accessories Used Therewith" was instituted as Inv. No. 337-TA-1409. This investigation was based on a complaint filed by Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd. on June 13, 2024, and identifies Klein Tools, Inc. as the respondent.

For Investigation No. 337-TA-1409, Milwaukee Electric Tool Corp. is represented by Morgan Lewis & Bockius LLP. Specific attorneys associated with representing Milwaukee Electric Tool and Keter Home and Garden Products Ltd. in a related district court case (1:24-cv-04284) that was voluntarily dismissed, and which also centered on modular toolbox and storage system technology against Klein Tools, include:

• Jason C. White (Lead Counsel)

  • Firm: Morgan, Lewis & Bockius, LLP
  • Office Location: Likely Washington, D.C. or Chicago, given the firm's IP litigation presence and the nature of ITC cases. (Specific office for this attorney not found in search results, but D.C. is common for ITC).
  • Experience Note: Represents clients in complex intellectual property litigation, including Section 337 investigations at the ITC.

• Maria Doukas (Counsel)

  • Firm: Morgan, Lewis & Bockius, LLP
  • Office Location: Likely Washington, D.C. or Chicago.
  • Experience Note: Focuses on intellectual property litigation, including patent and trade secret disputes.

• Scott D. Sherwin (Counsel)

  • Firm: Morgan, Lewis & Bockius, LLP
  • Office Location: Likely Washington, D.C. or Chicago.
  • Experience Note: Experienced in intellectual property litigation, particularly patent infringement cases.

It is important to note that the provided case (337-TA-3749) was terminated very quickly, and the RPX Insight entry explicitly states "No representation listed" for both complainants in that specific case. The attorney information found pertains to the later-instituted ITC investigation (337-TA-1409) and a related district court case (1:24-cv-04284) involving the same complainants and a similar subject matter and respondent. It is highly probable that the same counsel would have been involved had 337-TA-3749 proceeded, or were involved in the initial complaint filing for 337-TA-3749, but due to its swift termination, their formal appearances might not be widely recorded or easily accessible for that specific, brief investigation.

Given the information available, for the terminated 337-TA-3749 investigation, no specific counsel of record could be definitively identified as formally appearing before its termination, and RPX Insight explicitly states "No representation listed". However, assuming the query is interested in the counsel who would have or did represent the complainants in a related or subsequent ITC action concerning the same parties and patents, the information for 337-TA-1409 is provided.

For the purpose of the 337-TA-3749 case as terminated:

Counsel of record for the plaintiff(s) could not be definitively identified in publicly available records due to the very short duration and termination of the investigation. RPX Insight states "No representation listed" for the complainants in this specific case.

However, in the related ITC investigation 337-TA-1409 and a parallel district court case (1:24-cv-04284), which involved the same complainants (Milwaukee Electric Tool Corporation and Keter Home and Garden Products Ltd.) and similar subject matter, the following attorneys from Morgan, Lewis & Bockius, LLP represented the plaintiffs:

• Jason C. White

  • Role: Lead Counsel (in a related district court case)
  • Firm: Morgan, Lewis & Bockius, LLP
  • Office Location: Not explicitly stated in search results for this case, but likely Washington, D.C. or Chicago.
  • Experience Note: Represents clients in complex intellectual property litigation, including Section 337 investigations at the ITC.

• Maria Doukas

  • Role: Counsel (in a related district court case)
  • Firm: Morgan, Lewis & Bockius, LLP
  • Office Location: Not explicitly stated in search results for this case, but likely Washington, D.C. or Chicago.
  • Experience Note: Focuses on intellectual property litigation, including patent and trade secret disputes.

• Scott D. Sherwin

  • Role: Counsel (in a related district court case)
  • Firm: Morgan, Lewis & Bockius, LLP
  • Office Location: Not explicitly stated in search results for this case, but likely Washington, D.C. or Chicago.
  • Experience Note: Experienced in intellectual property litigation, particularly patent infringement cases.

The provided metadata for ITC Investigation No. 337-TA-3749 indicates that the case was filed on May 23, 2024, and terminated on June 11, 2024. The defendant(s) are listed as "Unknown," and the complainants themselves were terminated from the case on June 11, 2024.

Given the extremely short duration of the investigation (less than three weeks) and the stated termination date occurring before the typical 30-day period for the U.S. International Trade Commission (USITC) to decide on institution, it is highly probable that the complaint was not formally instituted, or it was withdrawn by the complainants before respondents were officially identified and served. In such scenarios, no parties would have been designated as "defendants" (respondents in ITC terminology), and consequently, no counsel of record would have appeared on their behalf.

Therefore, based on the provided case metadata and its early termination with "Unknown" defendants, no counsel of record can be identified representing the defendant(s) in 337-TA-3749.