News
Print PDF

Practice Areas

IPR Enforcement Actions on Air Mattress Systems, ATMs, Arrowheads with Deploying Blades

Thursday, November 19, 2015
Sandler, Travis & Rosenberg Trade Report

Air Mattress Systems. The International Trade Commission has instituted investigation 337-TA-971 to determine whether imports of air mattress systems, components thereof and methods of using the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are mattresses in which the traditional inner spring and foam construction is replaced by an adjustable air mattress system that can be adjusted to meet the firmness preferences of sleeping partners or as one’s sleeping preferences change over time.

Complainants Select Comfort Corporation and Select Comfort SC Corporation request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in the U.S.

ATMs. The ITC has instituted investigation 337-TA-972 to determine whether imports of automated teller machines, ATM modules, components thereof and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are ATMs with deposit automation modules, check recognition modules, bulk check acceptors for one or more checks, check bins, cash dispensing units, and reject/retract cassettes.

Complainants Diebold Incorporated and Diebold Self-Service Systems request that after this investigation the ITC issue a limited exclusion order and cease and desist orders. The respondents in this investigation are located in Korea and the U.S.

Arrowheads with Deploying Blades. The ITC received Nov. 17 on behalf of FeraDyne Outdoors LLC and Out RAGE LLC a petition requesting that it institute a Section 337 investigation regarding arrowheads with deploying blades and components thereof. The proposed respondents are located in China.

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.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines