In the Kyocera patent case, a US court has halted an import restriction on Hitachi nail guns

In the Kyocera patent case, a US court has halted an import restriction on Hitachi nail guns ...

In a patent lawsuit filed by Kyocera Senco Industrial Tools Inc., a United States appeals court has re-threw an import prohibition on certain Hitachi and Metabo nail guns, sending the companies back to the International Trade Commission for further action.

The International Telecommunications and Technology Company (ITC) made numerous errors in its earlier judgment against Hitachi and Metabo toolmaker Koki Holdings America Ltd, citing its decision to waive expert testimony and shortcomings in its patent interpretations.

Kyocera, a Japanese company, filed a complaint at the International Trade Commission in 2017, claiming Koki's imports of gas-spring nailers widely used in construction violated patents belonging to the Senco Industrial Tools division.

An administrative judge found that Koki didn't infringe the patent at question, but the commission reversed and issued a ban on infringing nail guns. The ITC later permitted the distribution of new versions of the tools.

Both parties have filed an appeal against the parties' decisions.

On Friday, a three-judge Federal Circuit panel reinstated the case, agreeing with Koki that the ITC was wrong to allow expert testimony from an engineer who didn't have experience in power-nailer design.

The Federal Circuit said the commission incorrectly interpreted some components of the patent that Kyocera claimed Koki had infringed.

The parties have also been involved in a related case in a Delaware federal court. Koki's claims that Kyocera's nailers infringed its patents shortly before a trial was scheduled to begin last year

The claims against Koki in Delaware have been halted until the end of the ITC investigation.

A lawyer for Kyocera has declined to comment, but Koki and its lawyers have not responded immediately to requests for comment.

Kimberly Moore, the chief US Circuit Judge, wrote the opinion, and the judges Timothy Dyk and Tiffany Cunningham both had their respective sentences.

Kyocera Senco Industrial Tools Inc. v. International Trade Commission, US Court of Appeals for the Federal Circuit, No. 20-1046.

Daniel Shulman of Vedder Price is the new CEO of Kyocera.

For Koki: Amol Parikh of McDermott Will & Emery, Joseph Paquin of Barnes & Thornburg

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