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IPR Enforcement: LED Products, Network Devices, Hemophilia Drug

Monday, October 03, 2016
Sandler, Travis & Rosenberg Trade Report

LED Products. In investigation 337-TA-947 of light-emitting diode products and components thereof, the International Trade Commission has determined to review in part a final initial determination that the importation, sale for importation, or sale within the U.S. after importation of these products is violating U.S. law by reason of patent infringement and false advertising.

The ITC is inviting public comments by Oct. 13 on the form of remedy, if any, that should be ordered; 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 infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Network Devices. The ITC has instituted a formal enforcement proceeding relating to the June 23, 2016, cease and desist order it issued in patent infringement investigation 337-TA-944 of network devices, related software and components thereof. This order prohibited the named respondent from importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting U.S. agents or distributors for infringing goods. Pursuant to a request from complainant Cisco Systems Inc., the ITC is now investigating whether the respondent has violated that order and what, if any, enforcement measures are appropriate.

Recombinant Factor VIII Products. At the request of the parties involved, the ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-956 of recombinant factor VIII products. The ITC’s presiding administrative law judge had previously found infringement of one patent and contingently recommended both a limited exclusion order and a cease and desist order.

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