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New IPR Infringement Investigations of Electronic Devices, Electric Fireplaces

Monday, January 16, 2012
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigations to determine whether imports of the following products are violating Section 337 of the 1930 Tariff Act.

• patent infringement investigation 337-TA-827 of cellular phones, tablet computers and other such devices (respondents located in Canada, Taiwan, Korea, Japan, Sweden, Finland and the U.S.)

• investigation 337-TA-826 of certain electric fireplaces, components thereof and manuals for same, processes for manufacturing or relating to same, and products containing same (respondents located in China and the U.S.), which alleges copyright infringement, misappropriation of trade secrets, breach of contract and tortious interference with contract

In each case the complainant requests that after the investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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. In the fireplace investigation the complainants also request that the ITC issue an order instructing the respondents to immediately and verifiably turn over all documents and things in their possession, custody or control that contain or embody the complainants’ trade secrets or any information derived therefrom.

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