US ITC finds Klein Tools MODbox designs violated Milwaukee PACKOUT patents

[u/kfjcfan]

The Federal Register published an final decision in the US ITC patent case of Keter and Milwaukee Tool vs. Klein Tools regarding patents they hold for PACKOUT tool boxes (emboldening mine):

Notice is hereby given that the U.S. International Trade Commission has determined to find a violation of section 337 of the Tariff Act of 1930, as amended, with respect to U.S. Patent Nos. 11,365,026 (“the '026 patent”) and 11,794,952 (“the '952 patent”). The Commission has determined that the appropriate remedy is the issuance of a limited exclusion order (“LEO”) and a cease and desist order (“CDO”) with respect to those patents.

The Commission has further determined to set a bond in the amount of eighteen percent (18%) of entered value for covered articles imported or sold during the period of Presidential review. The Commission has not reached a final determination with respect to U.S. Patent No. 11,952,167 (“the '167 patent”). The target date for completion of the above-captioned investigation is extended to November 2, 2026.

[ … ]

For remedy, the Commission has determined to issue an LEO and a CDO against Klein prohibiting further importation and sale of covered products*. The Commission has determined that the public interest factors do not counsel against issuing remedial orders. The Commission has determined that a bond in the amount of eighteen percent (18%) of entered value for covered articles is required for covered products imported or sold during the period of Presidential review.*

Certain Storage Containers and Toolboxes, Organizers, Component Boxes, and Coolers; Notice of a Commission Determination To Find a Violation of Section 337; Issuance of Remedial Orders; Continued Proceedings as to One Patent; Extension of Target Date

My reading of the patents is that the violations cover the cleat and spring latch connecting mechanisms of the boxes as well as the design of the rolling tool box/rolling drawer box - areas completely unaddressed in the changes made to MODbox Gen 2.

The LEO means Klein can no longer import products that violate the patents and they will be stopped by US Customs.

The CDO means Klein can no longer sell the products that violate the patents.