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IPR Enforcement: Digital Video Receivers, Personal Transporters

Tuesday, May 24, 2016
Sandler, Travis & Rosenberg Trade Report

Digital Video Receivers. The International Trade Commission has instituted investigation 337-TA-1001 to determine whether imports of digital video receivers and hardware and software components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants Rovi Corporation and Rovi Guides Inc. request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of 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 France, England and the U.S.

Personal Transporters. The ITC is requesting comments no later than June 1 on any public interest issues raised by a complaint filed on behalf of Segway Inc., DEKA Products Limited Partnership and Ninebot (Tianjin) Technology Co. Ltd. alleging that the importation, sale for importation and sale within the U.S. after importation of personal transporters, components thereof, and packaging and manuals therefor are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion orders and/or cease and desist orders requested by the complainants 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 complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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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