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New IPR Infringement Investigation of Materials Used to Make Dental Restorative Devices

Monday, March 24, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-911 to determine whether imports of certain lithium silicate materials and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue can be processed and converted into dental restorative products such as crowns, inlays, onlays and bridges.

Complainants Ivoclar Vivadent AG, Ivoclar Vivadent Inc. and Ivoclar Vivadent Manufacturing Inc. request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Germany and the U.S.

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