ITC opens produce packaging probe

A New Hampshire company alleges Growers Express and C.H. Robinson violated intellectual property rights law.

   The International Trade Commission announced Thursday it will start an investigation into whether imports of certain microperforated packaging containing fresh produce violate U.S. intellectual property rights law.
   On July 12, Windham, N.H.-based Windham Packaging LLC filed a complaint alleging violations of Section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain microperforated packaging containing fresh produce by reason of infringement of certain claims of U.S. Patent No. 7,083,837.
   Windham Packaging alleged violations of Section 337 by Salinas, Calif.-based Growers Express LLC and Eden Prairie, Minn.-based C.H. Robinson Worldwide Inc.
   Windham is requesting a limited exclusion order on imports and a cease-and-desist order on sales of the packaging in the United States associated with the respondents.
   Pursuant to ITC rules, the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is “bags for fresh produce and bags containing fresh produce. The bags contain microperforations that are specifically designed and arranged to increase the shelf life of fresh produce by affecting the mixture of gases within the bag.”