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IPR Enforcement Actions on Flash Memory Chips, Network Devices, A/V Components, Actuators

Wednesday, August 07, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probes of High-Tech Items Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than Aug. 15 on any public interest issues raised by separate Section 337 intellectual property rights infringement complaints filed on behalf of (a) Spansion LLC against certain flash memory chips and products containing the same and (b) Straight Path IP Group Inc. against certain point-to-point network communication devices and products containing same. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to these complaints 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.

Import Restrictions Under Consideration for A/V Components. The International Trade Commission is soliciting through Aug. 30 public comments on a recommendation that the ITC issue a limited exclusion order against certain audiovisual components and products containing the same that infringe patents owned by Funai and are imported by specific companies. Comments should address whether the issuance of an LEO 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 recommended orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the recommended order;

- 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 LEO and/or a cease and desist order within a commercially reasonable time; and

- explain how the limited exclusion order would impact consumers in the U.S.

No Import Restrictions on Linear Actuators. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-880 of certain linear actuators after Okin America Inc. and Dewert Okin GmbH withdrew their complaint.

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