News
Print PDF

Practice Areas

IPR Enforcement Actions on Communication Devices, Digital Media Devices

Wednesday, July 23, 2014
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Communication or Computing Devices Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than July 30 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Enterprise Systems Technologies S.a.r.l. against certain communications or computing devices and components thereof. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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.

Import Restrictions on Digital Media Devices Considered. In patent infringement investigation 337-TA-882, the presiding administrative law judge has issued a final initial determination that the importation, sale for importation and sale within the U.S. after importation of certain digital media devices, including televisions, Blu-ray disc players, home theater systems, tablets and mobile phones, components thereof and associated software are violating Section 337 of the 1930 Tariff Act. The ALJ has therefore recommended a limited exclusion order directed to the products of the remaining respondents that are combined with specific software functionality found to infringe the asserted patents.

The International Trade Commission is now soliciting through Aug. 14 public comments on whether the issuance of an exclusion order in this investigation could affect the public health and welfare in the United States, 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 order are used in the U.S.;

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

- indicate the extent to which like or directly competitive articles are produced in the U.S. or are otherwise available in the U.S., with respect to the articles potentially subject to the order;

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

- explain how the exclusion order would impact consumers in the U.S.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines