ITC Judge Releases Initial Determination in Child-Guard® Patent Infringement Case

Judge recommends general exclusion order, 100% bond

Published Wednesday, May 20, 2020

Reynolds Presto Products Inc., (Presto) a business of Reynolds Consumer Products, announces that Administrative Law Judge Clark S. Cheney of the U.S. International Trade Commission (ITC) released his Initial Determination in Investigation No. 337-TA-1171, finding that Presto’s patents on its state-of-the-art Child-Gard® child resistant slider closures were being infringed and illegally imported into the United States by Takebishi Packaging Industry Co. and its affiliates. The Initial Determination recommends a General Exclusion Order halting all infringing child-resistant slider products from entering the United States, regardless of source, to protect the U.S. market and consumers of this important technology. 

The General Exclusion Order will go into effect following a period of review if the Initial Determination by the full ITC, and a short Presidential review period. Once the ITC approves the Initial Determination, Takebishi will only be able to import the closures during the Presidential review period by paying a bond, which the Initial Determination recommends at 100% of the entered value of the goods. Following the Presidential review period, the full General Exclusion Order would go into effect.  

In August 2019, Presto requested the ITC investigate Takebishi’s patent violation and violation of import laws involving Takebishi’s version of Presto’s child-resistant Child-Guard® slider, an innovation from the Fresh-Lock® closures team. Presto alleged that entities affiliated with Takebishi, specifically Dalian Takebishi Packaging Industry Co., Ltd., and Dalian Altma Industry Co., Ltd., imported into the United States products in violation of intellectual property belonging to Presto. 

On April 21, 2020, Judge Cheney agreed with Presto’s allegations of infringement and issued his Initial Determination recommending a General Exclusion Order and the establishment of a 100% bond for importation during the subsequent 60-day Presidential review period. The full ITC is currently considering Judge Cheney’s Initial Determination, and is expected to approve and implement the Initial Determination as its Final Determination by June 5, 2020. After that, the President has 60 days to review the ITC decision.

“The recent determination of infringement with a General Exclusion Order is a complete victory for Presto and our customers,” said Brad Hansen, president of Presto’s Specialty Products businesses. “It is important that current and future customers of Fresh-Lock® closures understand that we will always take action to protect your reputation, our working relationship, and the legitimacy of the products we provide you.”

The patents at issue are U.S. Patent Nos. 9,505,531, 9,554,628 and 10,273,058.

About Fresh-Lock® Flexible Packaging Closures
The Fresh-Lock® brand is the market leader in press-to-close zipper and track & slider reclosable solutions for flexible packaging. With a solution for virtually any packaging need, our closures drive consumer loyalty and brand differentiation through functional benefits. The Fresh-Lock® brand team offers specialized packaging machinery and quality components for fast and efficient track and slider applications.

Our solutions include the child-resistant Child-Guard® slider, reduced scale Fresh-Lock® mini slider, and the Fresh-Lock® 8000 series, a line of sustainable closures designed for flexible packaging. Fresh-Lock® products are designed and produced by Presto Products, a business of Reynolds Consumer Products.