In ITC investigation 337-TA-1442, Certain Glow Fish Tape Systems, Safety Helmet Systems, and Components Thereof, complainant Klein Tools, Inc. accused Milwaukee Electric Tool Corporation. The products at issue are glow fish tape systems and safety helmet systems.
What the ALJ found
On June 5, 2026, the chief ALJ issued a final initial determination. On the helmet patents, Milwaukee infringed U.S. Patent 12,268,265 but not U.S. Patent 11,452,327. The asserted helmet claims were not invalid, and Klein met the domestic industry tests for both helmet patents. On the glow fish tape patents (11,713,209 and 12,187,573), Milwaukee did not infringe. The ALJ concluded there was a section 337 violation only as to the '265 patent.
Recommended remedy
If a violation stands, the ALJ recommended a limited exclusion order and a cease and desist order against Milwaukee on the '265 patent, plus a bond of 100 percent of entered value for covered hard hats and safety helmets during Presidential review.
What the Commission is doing
The Commission will review the FID in part and will not review the rest. It asked for extra briefing on obviousness combinations for the helmet patents, doctrine-of-equivalents issues for the glow fish tape patents, domestic industry proof under a holistic approach, and the usual remedy, bond, and public interest topics.
What it means in plain terms
Klein has a recommended path to an import ban on one helmet patent, but the Commission can still change the outcome after briefing. The glow fish tape claims lost at the ALJ stage on infringement.
What to watch next
Watch the parties' written submissions on the review questions, then the Commission's final determination on violation, remedy, bond, and public interest.