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IPR Enforcement Actions on Audio Hardware/Software, Valve Actuators, Memory Chips

Monday, March 16, 2015
Sandler, Travis & Rosenberg Trade Report

Audio Processing Hardware/Software. The International Trade Commission has instituted investigation 337-TA-949 to determine whether imports of certain audio processing hardware and software and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in this investigation are audio codec chips and audio processing software to remove or reduce unwanted audio noise, as well as products such as desktop computers, all-in-one computers, notebooks, laptops, Chromebooks and computer tablets containing such chips and software.

Complainant Andrea Electronics Corporation requests that after this investigation the ITC issue a limited exclusion order, which would direct CBP 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 China, Japan, Taiwan and the U.S.

Valve Actuation Devices. The ITC is requesting comments no later than March 24 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Jacobs Vehicle Systems Inc. with respect to certain valve actuation devices and automobiles containing the same.

Comments should address whether the issuance of a limited exclusion order and/or cease and desist orders pursuant to this complaint 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.

Flash Memory Chips. The ITC has determined not to review an initial determination of the presiding administrative law judge granting a joint motion by the complainant and respondents in the Section 337 probe of certain flash memory chips and products containing the same (Investigation 337-TA-893) to terminate the investigation in its entirety based upon a settlement agreement. 

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