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IPR Enforcement Actions on Mobile Electronic Devices, Footwear, Resealable Packages

Wednesday, March 16, 2016
Sandler, Travis & Rosenberg Trade Report

Mobile Electronic Devices. The International Trade Commission has instituted investigation 337-TA-990 to determine whether imports of certain mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainant Immersion Corporation 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 the U.S.

Certain Footwear. The ITC has extended to May 10 the target date to complete its Section 337 probe of certain footwear products. In his final initial determination, the presiding administrative law judge found a violation with respect to certain accused products of each active respondent as well as to all accused products of each defaulting respondent. He recommended a general exclusion order directed at footwear products that infringe the asserted trademarks as well as cease and desist orders directed against each active, remaining respondent found to infringe.

Resealable Packages. The ITC has decided not to review an initial determination of the presiding administrative law judge partially granting a motion by the complainant for summary determination that is has satisfied the economic prong of the domestic industry requirement for all asserted patents in the Section 337 probe of certain resealable packages with slider devices (337-TA-962).

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