International Trade Commission Finds Rule Violation in Investigation on Storage Containers and Toolboxes
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On October 2, 2026, the U.S. International Trade Commission (ITC) announced a decision regarding an ongoing investigation concerning storage containers, toolboxes, organizers, component boxes, and coolers. The investigation, identified as No. 337-TA-1409, resulted in findings of violations of Section 337 of the Tariff Act of 1930.
The Commission determined that there were violations involving two U.S. patents: Patent No. 11,365,026 (known as the ‘026 patent’) and Patent No. 11,794,952 (referred to as the ‘952 patent’). As a remedy, the Commission issued a Limited Exclusion Order (LEO) and a Cease and Desist Order (CDO). These orders relate to the infringement activity covered by these patents.
Additionally, a bond has been set at eighteen percent (18%) of the entered value for covered articles that are imported or sold during the period of Presidential review. However, the Commission has yet to make a final determination on Patent No. 11,952,167 (referred to as the ‘167 patent’).
The investigation started on July 19, 2024, triggered by a complaint from Milwaukee Electric Tool Corporation of Wisconsin and Keter Home and Garden Products Ltd. of Israel (collectively known as “Complainants”). They alleged that Klein Tools, Inc. of Illinois infringed on several patent claims by importing and selling products without permission.
Throughout the investigation, some claims were withdrawn by the complainants. However, several claims from the ‘026, ‘952, and ‘167 patents remained active. On August 1, 2025, the Chief Administrative Law Judge issued a Final Initial Determination, indicating a violation of Section 337 regarding these claims.
Klein Tools, Inc. questioned the findings, particularly regarding the economic and technical domestic industry requirements and some aspects of patent validity.
After reviewing claims and arguments, the Commission concluded a violation occurred concerning the ‘026 and ‘952 patents. Remedial orders, including an LEO and CDO, will limit the importation and sale of infringing products by Klein.
The ITC found that public interest factors do not prevent issuing these orders. An 18% bond will be applied on covered products during the review period by the President.
The investigation related to the ‘167 patent remains unresolved and will continue. The target date for completing the investigation is extended to November 2, 2026.
The decision was finalized on September 29, 2026, revealing detailed findings and decisions related to this complex case. The complete authority for this determination comes from Section 337 of the Tariff Act of 1930, and related rules, ensuring the maintenance of fair trade practices and patent protection.
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