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IPR Enforcement Actions on Program Guide Devices, Breathing Treatment Systems

Thursday, August 15, 2013
Sandler, Travis & Rosenberg Trade Report

Import Restrictions Under Consideration for Program Guide Devices. In investigation 337-TA-845 of certain products containing interactive program guide and parental control technology, the International Trade Commission has determined to review in its entirety the presiding administrative law judge’s final initial determination of no violation of section 337. In addition, the ITC is accepting through Aug. 23 comments on the form of remedy, if any, that should be ordered (i.e., an exclusion order and/or cease and desist orders); the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and the amount of the bond under which the subject articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

No IPR Import Restrictions on Sleep-Disordered Breathing Treatment Systems. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-879 of certain sleep-disordered breathing treatment systems and components thereof. The ITC took this step in light of a consent order between complainants ResMed Corporation, ResMed Incorporated and ResMed Limited and the respondents, which are located in Taiwan and the U.S.

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