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IPR Enforcement Actions on TV Sets, Memory Chips

Wednesday, March 18, 2015
Sandler, Travis & Rosenberg Trade Report

TV Sets. The International Trade Commission is soliciting through April 7 public comments on public interest issues associated with the possible imposition of remedial orders in investigation 337-TA-910 of certain television sets, television receivers, television tuners and components thereof. The presiding administrative law judge has recommended that if a Section 337 violation is found the ITC should issue limited exclusion orders and cease and desist orders directed to the respondents. The ALJ rejected the respondents’ arguments that the public interest stands in the way of such relief, so the ITC is inviting comments from the public on whether such orders 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.

Non-Volatile Memory Chips. The ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-916 of certain non-volatile memory chips and products containing the same based on a settlement agreement between complainant Spansion and the respondents. The ITC has found no evidence that termination based on this agreement would impose any undue burdens on public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers.

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