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IPR Enforcement Actions on Computer Cables, Electronic Devices, Skin Care Devices, Dental Implants

Tuesday, November 17, 2015
Sandler, Travis & Rosenberg Trade Report

Computer Cables. The International Trade Commission received Nov. 12 on behalf of Belkin International Inc. a petition requesting that it institute a Section 337 investigation regarding computer cables, chargers, adapters, peripheral devices and packaging containing the same. The proposed respondents are 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.

Electronic Devices. The ITC is requesting comments no later than Nov. 25 on any public interest issues raised by a complaint filed on behalf of Saxon Glass Technologies Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of electronic devices containing strengthened glass and packaging thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of a limited exclusion order 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.

Dental Implants. In patent infringement investigation 337-TA-934 of dental implants, the ITC is requesting public comments no later than Dec. 2 on the presiding administrative law judge’s recommendation to issue a limited exclusion order against certain dental implants imported by two respondents. Comments should address whether the issuance of an LEO 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 recommended order are used in the U.S.;

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

- 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 recommended LEO within a commercially reasonable time; and

- explain how the LEO would impact consumers in the U.S.

Electric Skin Care Devices. In patent and trade dress infringement investigation 337-TA-959 of electric skin care devices, brushes and chargers therefor, and kits containing the same, the ITC has found one respondent to be in default for failing to respond to the complaint and notice of investigation.

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