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IPR Enforcement Actions on Test Strips, Touchscreen Controllers, Windshield Wipers

Tuesday, November 03, 2015
Sandler, Travis & Rosenberg Trade Report

Blood Cholesterol Test Strips. The International Trade Commission has instituted investigation 337-TA-969 to determine whether imports of blood cholesterol test strips and associated systems are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in the investigation are point of care blood cholesterol testing meters, test strips, and systems containing the same.

Complainant Polymer Technology Systems Inc. requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Korea and the U.S.

Touchscreen Controllers. The ITC has terminated investigation 337-TA-957 of touchscreen controllers and products containing the same with respect to certain patent claims asserted by Synaptics Incorporated.

Windshield Wipers. In patent infringement investigations 337-TA-928 and -937, the ITC is requesting comments no later than Nov. 19 on any public interest issues raised by a recommendation to issue a limited exclusion order against certain windshield wipers and components thereof imported by the respondents, which are located in Mexico and the U.S. Comments should address whether the issuance of an LEO 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.

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