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IPR Enforcement Actions on Windscreen Wipers, Kinesiotherapy Devices

Monday, July 27, 2015
Sandler, Travis & Rosenberg Trade Report

Windscreen Wipers. The International Trade Commission received July 20 on behalf of Trico Products Corporation a petition requesting that it institute a Section 337 investigation regarding certain windscreen wipers and components thereof. The proposed respondents are located in Mexico and 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 CBP 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.

Kinesiotherapy Devices. The U.S. Court of Appeals for the Federal Circuit on May 11 reversed the ITC’s violation finding in the Section 337 investigation of certain kinesiotherapy devices and components thereof. As a result, the general exclusion order and the cease and desist orders issued at the conclusion of that investigation have been rescinded. 

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