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IPR Enforcement: ATMs, Access Control Systems, Diaper Disposals

Friday, July 08, 2016
Sandler, Travis & Rosenberg Trade Report

ATMs. The International Trade Commission has terminated patent infringement investigation 337-TA-972 of automated teller machines, ATM modules, components thereof and products containing the same with respect to one patent claim based on a request by complainants Diebold Incorporated and Diebold Self-Service Systems.

Access Control Systems. The ITC is requesting comments no later than July 18 on any public interest issues raised by a complaint filed on behalf of The Chamberlain Group Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of access control systems and components thereof 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 complainant 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 complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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.

Diaper Disposal Systems. The ITC has terminated patent infringement investigation 337-TA-986 of diaper disposal systems and components therefor, including diaper refill cassettes, without the imposition of import restrictions. This action is based on the withdrawal of the complaint by Edgewell Personal Care Brands LLC and International Refills Company Ltd.

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