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IPR Import Restrictions Imposed on Circuit Interrupters, Electronic Devices

Friday, December 06, 2013
Sandler, Travis & Rosenberg Trade Report

GFCIs. In April 2012 the International Trade Commission issued a general exclusion order barring the entry of certain ground fault circuit interrupters and products containing same that infringe certain claims of a patent owned by Leviton Manufacturing Co. Inc., and in November 2012 the ITC instituted an enforcement proceeding based on Leviton’s complaint that several respondents had violated that order. Having found these respondents to be in default, the ITC has now determined that the appropriate form of relief consists of cease and desist orders prohibiting the defaulting respondents from conducting any of the following activities in the U.S.: importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation) and soliciting U.S. agents or distributors for infringing GFCIs. The ITC has also determined to set a bond of $0.25 per unit for temporary activities otherwise prohibited by these orders during the 60-day presidential review period.

Electronic Devices. The ITC has determined that the importation, sale for importation and sale within the U.S. after importation of certain electronic devices having placeshifting or display replication functionality and products containing same are violating certain patents owned by Sling Media Inc. The ITC is therefore issuing (a) a limited exclusion order prohibiting the unlicensed entry of infringing devices manufactured abroad or imported by or on behalf of the defaulting respondents and (b) cease and desist orders that prohibit the importation, sale, advertising, marketing and distribution of covered products in the U.S. by the defaulting respondents. The amount of the bond under which infringing goods can be imported into the U.S. during the 60-day presidential review period is 100% of the entered value.

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