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IPR Enforcement Actions on Data Storage Tapes, Breathing Treatment Systems

Thursday, August 28, 2014
Sandler, Travis & Rosenberg Trade Report

New IPR Import Restrictions Sought on Data Storage Tapes. The International Trade Commission received Aug. 22 on behalf of Advanced Research Corporation a petition requesting that it institute a Section 337 investigation regarding certain formatted magnetic data storage tapes and cartridges containing the same. The proposed respondents are located in Japan and the U.S.

The complainant has requested that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to stop infringing imports from entering the U.S., and a cease and desist order, which would prohibited named importers and other persons from engaging in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

The ITC is requesting comments no later than Sept. 5 on any public interest issues raised by this complaint. 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 Considered for Sleep-Disordered Breathing Treatment Systems. In patent infringement investigation 337-TA-890 of certain sleep-disordered breathing treatment systems and components thereof, the International Trade Commission is soliciting through Sept. 25 comments on a recommendation to issue a limited exclusion order and a cease and desist order against infringing goods imported by three named respondents. Comments should address whether such remedies 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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