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IPR Enforcement: Resealable Packages, Footwear, ATMs, Hospital Beds, Bulk Containers

Monday, June 27, 2016
Sandler, Travis & Rosenberg Trade Report

Marine Sonar Imaging Systems. The International Trade Commission has determined to rescind the limited exclusion order and cease and desist orders it previously issued in patent infringement investigation 337-TA-926 of marine sonar imaging systems, products containing the same and components thereof on the basis of a settlement between complainants Johnson Outdoors Inc. and Johnson Outdoors Marine Electronics Inc. and the respondents. The LEO prohibited the unlicensed entry of infringing goods manufactured or imported by or on behalf of the respondents or any of their affiliated companies, parents, subsidiaries, agents or other related business entities, or their successors or assigns. The cease and desist orders prohibited the domestic respondents from importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for infringing goods in the U.S., except if the owner of the patents authorized or licensed such specific conduct in writing or such specific conduct was related to the importation or sale of covered products by or for the U.S.

Chassis Parts. The ITC has terminated patent infringement investigation 337-TA-978 of chassis parts incorporating movable sockets and components thereof, without the imposition of import restrictions, based on a settlement between complainant Federal-Mogul Motorparts Corporation and the respondent.

Resealable Packages. In investigation 337-TA-962 the ITC’s presiding administrative law judge has determined that the importation, sale for importation and sale within the U.S. after importation of resealable packages with slider devices is violating specified patents. The ALJ has recommended the issuance of a limited exclusion order and a cease and desist order.

The ITC is requesting comments no later than July 27 on whether the issuance of these orders could 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 recommended orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the recommended orders;

- indicate the extent to which like or directly competitive articles are produced in the U.S. or are otherwise available in the U.S.;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and

- explain how the recommended orders would impact consumers in the U.S.

Network Devices. In investigation 337-TA-944 the ITC has determined that the importation, sale for importation and sale within the U.S. after importation of network devices, related software and components thereof are violating patent claims asserted by Cisco Systems Inc. The ITC has therefore issued a limited exclusion order prohibiting the unlicensed entry of infringing goods and a cease and desist order prohibiting the respondent from importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for infringing goods. No bond will be required for imports of infringing goods subject to these orders during the 60-day period the president has to review the ITC-ordered remedy.

Footwear Products. In investigation 337-TA-936, the ITC has issued a general exclusion order prohibiting the unlicensed entry of footwear products infringing two trademarks asserted by complainant Converse Inc.. A bond of 100 percent of the entered value (per pair) will be required to permit imports of infringing goods during the 60-day period the president has to review the ITC-ordered remedy.

ATMs. The ITC has terminated patent infringement investigation 337-TA-972 of automated teller machines, ATM modules, components thereof and products containing the same with respect to numerous patent claims based on the withdrawal of those claims by complainants Diebold Incorporated and Diebold Self-Service Systems.

Hospital Beds. The ITC has terminated patent infringement investigation 337-TA-987 of hospital beds and components thereof with respect to two patents asserted by complainant Stryker Corporation based on a consent order.

Intermediate Bulk Containers. The ITC received June 22 on behalf of Schutz Container Systems Inc. a petition requesting that it institute a Section 337 investigation regarding composite intermediate bulk containers. The proposed respondent is 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.

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