DLA Piper secures defense win for FirePro Systems, Ltd. in ITC investigation

DLA Piper secured a victory for FirePro Systems, Ltd. (FirePro) before the US International Trade Commission (ITC).

On August 5, 2024, the ITC terminated its investigation in Certain Aerosol Fire Extinguishing Technology, Components Thereof, and Products Containing Same, Inv. No. 337-TA-1395.

The Section 337 action was filed by Nano Fire LLC (Nano Fire) and Defender Safety. The complaint alleged that FirePro violated Section 337 by importing and selling for importation aerosol fire extinguishers that purportedly infringed patents owned by Nano Fire. DLA Piper handled the Section 337 matter and a parallel district court action.

The DLA Piper team proved the cases lacked merit. Before the close of fact discovery, Nano Fire notified FirePro that it was withdrawing its infringement allegations and that it would move to terminate the ITC investigation.

This is the third ITC investigation in the last 18 months where DLA Piper represented the respondent and achieved a walk-away victory when the complainant withdrew the complaint in its entirety without a settlement.

The DLA Piper team representing FirePro included partners Daniel Valencia (Washington, DC), Erin Gibson (Washington, DC and San Diego), Larissa Bifano (Boston) and associates Paulina Starostka (Chicago), Steven Kellner (Philadelphia), and Peter Nelson and Kevin Kuhn (both in Washington, DC).