(October 6, 2022, Washington, DC) - Qingdao Hollyren Cosmetics Co., Ltd. (“Hollyren”) today announced that the United States International Trade Commission ("ITC") issued a favorable final determination concluding that no violation of section 337 of the Tariff Act of 1930 has been found in the ITC investigation No. 337-TA-1226 initiated by Lashify, Inc. of Glendale, California (“Lashify”).
Lashify first filed this ITC suit on September 9, 2020 based on patent infringement allegations. Hollyren takes Lashify’s allegations seriously and has been vigorously defending itself. On October 28, 2021, in the Final Initial Determination (FID), the presiding Administrative Law Judge of the ITC found that Hollyren did not violate Section 337 of the Tariff Act of 1930, because the Complainant, Lashify Inc., lacks the required domestic industry for all the asserted patents and none of Hollyren’s accused eyelash products infringe the asserted ’984 patent.
In the Final Determination, the Commission has determined to affirm, with supplemental analysis, the FID’s finding that Lashify has failed to satisfy the technical prong of the domestic industry requirement. The Commission further affirms the FID’s finding that Lashify failed to satisfy the economic prong of the domestic industry requirement for any of the patents it asserted. This 337 investigation, which lasted more than two years, has finally ended successfully for Hollyren and other respondents.
Hollyren respects the intellectual property rights of others, and also proactively defends and protects its own reputation and interests. As such, the Commission’s validation of the presiding Administrative Law Judge’s findings is a significant victory for Hollyren. Hollyren remains committed to provide its customers around the world with the industry-leading, high-quality, eyelash products.BACK TO THE LIST
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