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IPR Enforcement: Air Mattresses, Network Devices, Woven Fabrics, Audio Processing Equipment

Friday, April 22, 2016
Sandler, Travis & Rosenberg Trade Report

Air Mattress Bed Systems. The International Trade Commission has received on behalf of Select Comfort Corporation and Select Comfort SC Corporation a petition requesting that it institute a Section 337 investigation regarding air mattress bed systems and components thereof. The proposed respondents are located in the U.S.

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.

Woven Textile Fabrics. The ITC has terminated patent infringement and false advertising investigation 337-TA-976 of woven textile fabrics and products containing same with respect to one respondent based on a settlement agreement and a consent order with complainant AAVN Inc.

Audio Processing Equipment. The ITC has terminated patent infringement investigation 337-TA-949 of audio processing hardware and software and products containing same with respect to (a) two respondents on the basis of a settlement agreement with complainant Andrea Electronics Corp. and (b) one intervenor on the basis of a settlement agreement and a patent license agreement with the complainant.

Network Devices. The ITC has extended until Dec. 26 the target date for completing patent infringement investigation 337-TA-945 of network devices, related software and components thereof.

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