IPR Enforcement Actions on Nanopores, Wafers, Document Cameras, Dental Implants
Nanopores. The International Trade Commission is requesting comments no later than March 8 on any public interest issues raised by a complaint filed on behalf of Illumina Inc., the University of Washington and the UAB Research Foundation alleging that the importation, sale for importation and sale within the U.S. after importation of nanopores and products containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainants 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 complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;
- indicate whether the complainants, their 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.
Wafers. The ITC has terminated patent infringement investigation 337-TA-966 of silicon-on-insulator wafers with respect to all claims of four patents and two claims of another patent asserted by complainant Silicon Genesis Corp.
Document Cameras. The ITC has terminated patent infringement investigation 337-TA-967 of document cameras and software for use therewith with respect to one design patent asserted by complainant Pathway Innovations & Technologies Inc.
Dental Implants. The ITC has extended to March 9 the target date for completing investigation 337-TA-934, in which dental implants have been found to infringe specified patent claims asserted by Nobel Biocare Services AG And Nobel Biocare USA LLC. The presiding administrative law judge has previously recommended that the ITC issue a limited exclusion order barring entry of the respondents’ infringing dental implants and the imposition of a bond of $120 per imported unit during the 60-day presidential review period.