ITC Issued Final Determination: CARKU Won 337 Investigation

New York, New York--(Newsfile Corp. - September 16, 2022) - On August 29, 2022, ITC issued final determination that CARKU won final ruling victory and the ITC judge found that Carku's product do not infringe NOCO's 024 patent. This 337 investigation, which lasted nearly 20 months, has finally ended successfully.

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In January 2021, the NOCO company filed a complaint at the U.S. International Trade Commission (USITC) requesting for a Section 337 investigation on the jump starter industry for patent infringement of NOCO patents. The investigation, ITC-337-TA-1256, involves two NOCO patents of the same patent family, U.S. 9,007,015 ("the '015 patent") and 10,604,024 ("the '024 patent "). The scale of the 337 investigation is very large, involving more than 110 domestic and foreign companies, creating the single case with the largest number of companies involved in the history of 337.

But later NOCO withdrew the charge against 66 companies before the ITC instituted the investigation in March of 2021. Since then, the ITC investigation has involved 44 companies, including CARKU.

It is reported that before the institution of the 337 investigation, CARKU launched an Inter Partes Review (IPR) proceeding challenging the validity of the '015 patent in the Patent Trial and Appeal Board (PTAB) in May 2020. In November of 2021, CARKU successfully obtained the final written decision from the PTAB that 22 claims of the '015 patent are invalid. NOCO subsequently withdrew its assertion of patent infringement of the '015 patent in the 337 case.

In this 337 investigation, CARKU formed a coalition with the involved companies to share information and provide abundant evidence, expert testimony and other important materials to refute NOCO's allegations.

After a 4-day court hearing, the ITC judge made an Initial determination on April 29, 2022 finding that NOCO doesn't meet the requirements of the US technology industry, and CARKU does not infringe on the '024 patent.

For the reasons stated above, on August 29, 2022,ITC issued the final determination that CARKU won the "337"patent infringement case. At the same time, CARKU has set an example for all companies to compete legally in the international market.

Shenzhen Carku Technology Co.,Ltd
Jony Chan

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