Certain Microperforated Packaging Containing Fresh Produce; Institution of Investigation

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 13, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Windham Packaging LLC of Windham, New Hampshire. On December 4, 2017 Complainant requested an extension of time until January 2, 2018 to file supplemental material, and the request was granted December 7, 2017. EDIS Doc. IDs 630561 (Request) and 631033 (Letter granting request). On January 2, 2018 Complainant requested a second extension of time until January 16, 2018 to file supplemental materials. EDIS Doc. ID 632797. An amended complaint was filed January 3, 2018. The complaint, as amended, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain microperforated packaging containing fresh produce by reason of infringement of certain claims of U.S. Patent No. 7,083,837 (``the '837 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.