New IPR Import Restrictions Sought on Electronic Devices
The International Trade Commission received Feb. 26 two petitions filed on behalf of Telefonaktiebolaget LM Ericsson and Ericsson Inc. requesting that it institute Section 337 investigations regarding the following products.
- wireless standard compliant electronic devices, including communication devices and tablet computers
- electronic devices, including wireless communication devices, computers, tablet computers, digital media players and cameras
In both petitions the proposed respondent is located in the U.S.
Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.