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IPR Enforcement Actions on Desks, Medical Devices, Self-Balancing Vehicles, Tracking Devices

Wednesday, March 23, 2016
Sandler, Travis & Rosenberg Trade Report

New Infringement Petitions Filed. The International Trade Commission has received petitions requesting that it institute separate Section 337 investigations regarding the following products.

- height-adjustable desk platforms and components thereof (filed March 18 on behalf of Varidesk LLC; respondents located in the U.S.)

- carbon spine board, cervical collar and various medical training manikin devices and accompanying product catalogues, product inserts, literature and components (filed March 21 on behalf of Laerdal Medical Corp. and Laerdal Medical AS; respondents located in China and the U.S.)

- motorized self-balancing vehicles (filed March 22 on behalf of Razor USA LLC, Inventist Inc. and Shane Chen; respondents located in Hong Kong, China and the U.S.)

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.

Activity Tracking Device Investigation Narrowed. The ITC has terminated patent infringement and trade secret misappropriation investigation 337-TA-963 of activity tracking devices, systems and components thereof with respect to certain patent claims asserted by complainants AliphCom d/b/a Jawbone and BodyMedia Inc. based on their withdrawal of allegations pertaining to those claims.

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