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New IPR Infringement Petitions on Flash Memory Chips, Network Communication Devices

Monday, August 05, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Aug. 1 on behalf of Spansion LLC a petition requesting that it institute a Section 337 investigation regarding certain flash memory chips and products containing the same. The proposed respondents are located in Taiwan, Japan, Hong Kong and the U.S.

Also on Aug. 1, the ITC received on behalf of Straight Path IP Group Inc. a petition requesting that it institute a Section 337 investigation regarding certain point-to-point network communication devices and products containing same. The proposed respondents are located in Taiwan, Korea, Japan, Sweden 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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