ITC Rules to Protect Superbag's Patented Plastic Bag Designs

The U.S. International Trade Commission (ITC) ruled in August 2004 to issue a general exclusion order for plastic grocery and retail bags that infringe a U.S. patent held by Superbag Corporation. President Bush had 60 days in which to disapprove the order if it created a policy conflict, but that deadline has now passed without objection.

Superbag owns a patent covering certain features of Superbag's tabless and self-opening T-shirt style grocery and retail plastic bags. The ITC exclusion order prohibits all unlawful importation of the plastic bags that infringe Superbag's patent.

Superbag initiated the ITC investigation when it learned that a number of companies outside the U.S. were manufacturing plastic bags using Superbag's patented bag design, and that companies in the U.S. were distributing these bags to American grocery and retail suppliers.

This activity was a basic violation of Superbag's rights under its patent and threatened the future of its business. These manufacturers use Superbag's invention to compete against Superbag without spending any time and money on research and development.

Petitioners' legal counsel, Steven R. Borgman of Vinson & Elkins in Houston, stated: "We are very pleased that the ITC reached a decision that will protect Superbag's patented innovations. This decision shows that the