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IPR Enforcement Actions on Beverage Brewing Capsules, Electronic Devices

Thursday, November 12, 2015
Sandler, Travis & Rosenberg Trade Report

Beverage Brewing Capsules. In patent infringement investigation 337-TA-929, the International Trade Commission has determined to review in part a final initial determination finding no violation of Section 337 in the importation, sale for importation, or sale within the U.S. after importation of beverage brewing capsules, components thereof and products containing the same.

In connection with the final disposition of this investigation the ITC may issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or a cease and desist order that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the ITC is seeking through Nov. 20 comments on (a) the form of remedy, if any, that should be ordered, (b) the effects that any such remedy would have 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 (c) the amount of the bond under which infringing goods could continue to enter the U.S. during the 60-day period the president would have to review any ITC-ordered remedy.

In addition, complainants Adrian Rivera and Adrian Rivera Maynez Enterprises Inc. have been asked to state the date that the patent at issue expires and the HTSUS numbers under which the accused products are imported and to supply a list of known importers of the products at issue.

Electronic Devices. The ITC received Nov. 10 on behalf of Saxon Glass Technologies Inc. a petition requesting that it institute a Section 337 investigation regarding electronic devices including strengthened glass and packaging thereof. The proposed respondent is 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.

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