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IPR Enforcement Actions on IT Equipment, Solar Panels, Coaxial Cable Connectors

Friday, November 04, 2011
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Petition on Communication Equipment. The International Trade Commission received Nov. 1 a petition requesting that it institute a Section 337 investigation regarding certain communication equipment, components thereof and products containing the same, including power over Ethernet telephones, switches, wireless access points, routers and other devices used in WLANs, and cameras. The proposed respondents are from the Netherlands 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 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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