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IPR Enforcement: Breathing Treatment Systems, Integrated Circuits, Transporters

Monday, August 22, 2016
Sandler, Travis & Rosenberg Trade Report

Breathing Treatment Systems. The International Trade Commission received Aug. 17 on behalf of ResMed Corp., ResMed Inc. and ResMed Ltd. a petition requesting that it institute a Section 337 investigation regarding sleep-disordered breathing treatment mask systems and components thereof. The proposed respondents are located in New Zealand and 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.

Integrated Circuits. The ITC has terminated patent infringement investigation 337-TA-982 of RF capable integrated circuits and products containing the same with respect to one respondent based on complainant ParkerVision Inc.’s withdrawal of its allegations as to this respondent.

Personal Transporters. The ITC is requesting comments no later than Aug. 30 on any public interest issues raised by a complaint filed on behalf of Segway Inc., DEKA Products Limited Partnership and Ninebot (Tianjin) Technology Co. Ltd. alleging that the importation, sale for importation and sale within the U.S. after importation of personal transporters, components thereof, and packaging and manuals therefor are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion orders and cease and desist orders requested by the complainants 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 complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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.

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