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IPR Enforcement Actions on Chassis Parts, Computing/Graphics Systems

Tuesday, January 05, 2016
Sandler, Travis & Rosenberg Trade Report

Chassis Parts. The International Trade Commission has instituted investigation 337-TA-978 to determine whether imports of chassis parts incorporating movable sockets and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are moveable sockets used in automotive steering and suspension systems.

Complainant Federal-Mogul Motorparts Co. requests that after this investigation the ITC issue a general or limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in Canada.

Computing/Graphics Systems. The ITC is requesting comments no later than Jan. 12 on any public interest issues raised by a complaint filed on behalf of Advanced Silicon Technologies LLC alleging that the importation, sale for importation and sale within the U.S. after importation of certain computing or graphics systems, components thereof, and vehicles containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist orders requested by the complainant 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 complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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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