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IPR Enforcement Actions on Digital Media Devices, Herbicide

Wednesday, September 17, 2014
Sandler, Travis & Rosenberg Trade Report

No Import Restrictions in IPR Infringement Probe of Digital Media Devices. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-882 of certain digital media devices, including televisions, Blu-ray disc players, home theater systems, tablets and mobile phones, components thereof and associated software. The ITC affirmed a finding of no infringement of Black Hills Media LLC’s patents related to the sharing of media across electronic devices by the remaining respondents, which are located in Korea, Japan and the U.S. The ITC also granted a joint motion to terminate this investigation as to other respondents located in Japan and the U.S. based on a settlement agreement.

No Temporary Relief in Herbicide Probe. In patent infringement investigation 337-TA-914 of certain sulfentrazone, sulfentrazone compositions and processes for making sulfentrazone, the ITC has denied complainant FMC Corporation’s motion for a temporary exclusion order and a temporary cease and desist order against the respondents, which are located in China and the U.S. The ITC affirmed the presiding administrative law judge’s determination that FMC had not shown (a) that it would likely succeed on the issues of invalidity, infringement, the technical prong of the domestic industry requirement, or the economic prong of the domestic industry requirement or (b) irreparable harm if the temporary relief were not granted or that the balance of hardships or the public interest favors granting temporary relief.

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