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IPR Enforcement: Insulation, Aquarium Fittings, Electronic Devices, Beverage Capsules

Monday, June 06, 2016
Sandler, Travis & Rosenberg Trade Report

Aerogel Insulation Materials. The International Trade Commission has instituted investigation 337-TA-1003 to determine whether imports of composite aerogel insulation materials and methods for manufacturing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainant Aspen Aerogels Inc. requests that after this investigation the ITC issue a general or 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 China.

Aquarium Fittings. The ITC has terminated patent infringement investigation 337-TA-974 of aquarium fittings and parts thereof without the imposition of import restrictions based on a consent order and settlement agreement between complainant HYDOR USA Inc. and the respondent, which is located in China.

Electronic Devices. The ITC has terminated patent infringement investigation 337-TA-953 of wireless standard compliant electronic devices, including communication devices and tablet computers, without the imposition of import restrictions based on a settlement agreement between complainants Ericsson Inc. and Telefonaktiebolaget LM Ericsson and the respondent, which is located in the U.S.

Computing or Graphics Systems. The ITC has terminated patent infringement investigation 337-TA-984 of computing or graphics systems, components thereof and vehicles containing the same with respect to one respondent based on a settlement agreement with complainant Advanced Silicon Technologies LLC.

Beverage Brewing Capsules. The ITC received June 1 on behalf of Adrian Rivera and ARM Enterprises Inc. a petition requesting that it institute a Section 337 investigation regarding beverage brewing capsules, components thereof and products containing the same. The proposed respondents are 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.

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