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IPR Enforcement Actions on 3-D Cinema Systems, Lithium Ion Batteries

Thursday, December 24, 2015
Sandler, Travis & Rosenberg Trade Report

3-D Cinema Systems. In patent infringement investigation 337-TA-939 of three-dimensional cinema systems and components thereof, the presiding administrative law judge has recommended the issuance of a limited exclusion order against certain subject goods imported by two respondents and a cease and desist order against the domestic respondent.

The International Trade Commission is requesting comments no later than Jan. 21, 2016, on any public interest issues raised by this recommendation. Comments should address whether the issuance of LEOs and/or a cease and desist order would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

Lithium Ion Batteries. The ITC has terminated patent infringement investigation 337-TA-951 of lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same with respect to one patent claim asserted by complainants BASF Corporation and UChicago Argonne LLC.

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