AIT & BBA PROPRIETARY INFORMATION

PROPRIETARY INFORMATION - USE AND DISCLOSURE OF DATA - The data in this proposal shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided, that if a contract is awarded to this offeror as a result of or in connection with the submission of these data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the Government's right to use information contained in the data if it is obtainable from another source without restriction. The data subject to this restriction are the pages in decending order from this page's link. (Ref: FAR 15.509(a))

Industry is defined as the
"Commercial production and sale of goods."
19 U.S.C. § 1337

1.

CURRENT DEMAND FOR CRITICAL, NATIONAL DEFENSE USAGE - There is both (1) a current U.S. military National Defense industry and (2) a world-wide commercial industry demand for AIT patented flashlight products. The current U.S. military National Defense industry buys the AIT products and accessories specifically to support National Defense programs.
2.

NATIONAL DEFENSE SOLDIERS' FEEDBACK - These AIT patented items are critical to the U.S. National Defense. The AIT products are not only employed as would be expected, they are used for many additional life-saving, combat defensive and offensive uses never contemplated or planned by the patent holder, AIT, Inc.
3.

CURRENT NATIONAL DEFENSE AND COMMERCIAL INDUSTRY - There is a current industry created by AIT with its patented products. Industry is defined as the "Commercial production and sale of goods." 19 U.S.C. § 1337 (a)(1)(A)(i)
4.

FUTURE INDUSTRY - Development of AIT's new products have been delayed, and in some cases, placed "on design and manufacturing hold" because profits have been diverted to foreign competitors (which allegedly are making and delivering flashlights into the U.S. which infringe on AIT patents.) AIT items are critical to the U.S. National Defense. These unfair acts in the importation of articles or in the sale of such articles by the owner, importer, or consignee cause both (1) the threat and the effect of substantially injuring and threatening to destroy a developing industry in the United States, and (2) by diverting the AIT, Inc. developing industries profits, preventing the establishment of all such subsequent new products industries. 19 U.S.C. § 1337 (a)(1)(A)(i) and (ii)
5.

DAMAGES FROM UNFAIR IMPORTS - AIT alledges or has alleged that unfair practices by competitiors in import trade, in violation of 19 U.S.C. § 1337, are damaging AIT's future as a R&D House with a primary mission to design and deliver new, innovative products that have a substantial impact on the betterment of the world population and a positive effect on the world environment.

Please see the table immediately below.

19 U.S.C. § 1337 - Unfair practices in import trade
Industry is defined as the "Commercial production and sale of goods."
 
(a)      

Unlawful activities; covered industries; definitions:
  (1)    

Subject to paragraph (2), the following are unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section:
    (A)  

Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is -
      (i)

to destroy or substantially injure an industry in the United States;
      (ii)

to prevent the establishment of such an industry; or
      (iii)

to restrain or monopolize trade and commerce in the United States.
    (B)  

The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that -

      (i)

infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or
      (ii)

are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent.
    (C)  

Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is -
    (D)  

The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of a semiconductor chip product in a manner that constitutes infringement of a mask work registered under chapter 9 of title 17.
    (E)  

The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consigner, of an article that constitutes infringement of the exclusive rights in a design protected under chapter 13 of title 17.
  (2)    

Subparagraphs (B), (C), and (D) of paragraph (1) apply only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established.
  (3)    

For purposes of paragraph (2), an industry in the United States shall be considered to exist if there is in the United States, with respect to the articles protected by the patent, copyright, trademark, mask work, or design concerned -
    (A)  

significant investment in plant and equipment;
    (B)  

significant employment of labor or capital; or
    (C)  

substantial investment in its exploitation, including engineering, research and development, or licensing.
  (4)    

For the purposes of this section, the phrase ''owner, importer, or consignee'' includes any agent of the owner, importer, or consignee.
 
(b)      

Investigation of violations by Commission:
  (1)    

The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative.