Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Power tool maker Hitachi resolves table saw safety technology suit, (Apr 13, 2016)

By Linda O’Brien, J.D., LL.M.

In an action against manufacturers of power tools for alleged conspiring to boycott a developer’s product safety technology for table saws and influencing changes to the safety standards for power tools provided by Underwriters Laboratories (UL), the developer has resolved its claims against manufacturer Hitachi Koki USA Ltd., according to a stipulation of dismissal of claims filed in the federal district court in Alexandria, Virginia (SD3, LLC v. Black & Decker (U.S.), Inc., Case no. 1:14-cv-00191-CMH-IDD).

SawStop, LLC, a subsidiary of SD3, LLC, developed an active injury mitigation technology for table saws and other power tools, known as SawStop technology. After unsuccessful attempts to license the technology to other power tool manufacturers, the company designed and marketed its own table saws equipped with the SawStop technology.

At a trade organization meeting in 2002, a group of manufacturers of power tools formed a task force to modify the UL standardization requirements of table saw safety devices to require a design that was different from SawStop technology. After SawStop incurred costs to redesign the table saw blade guards to comply with the new UL design standards, in February 2014, the developer filed suit against the power tool manufacturers, alleging that the companies conspired to boycott its technology in violation of Section 1 of the Sherman Act.

The stipulation of dismissal resolves the litigation brought by SD3 and SawStop against Hitachi. Each party has agreed to bear its own costs and expenses. The litigation continues against the remaining defendant manufacturers.

Attorneys: Daniel M. Cohen and Jonathan W. Cuneo (Cuneo, Gilbert & LaDuca, LLP) for SD3, LLC and SawStop, LLC. Mary D. Hallerman (McDermott Will & Emory) for Hitachi Koki USA Ltd.

Companies: SD3, LLC; SawStop, LLC; Hitachi Koki USA Ltd.

News: Antitrust VirginiaNews