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ITC Reviewing IPR Infringement Case on Driver Assistance System Cameras

Thursday, August 06, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined to review in part the final initial determination issued by the presiding administrative law judge finding no violation of Section 337 in patent infringement investigation 337-TA-907 of vision-based driver assistance system cameras. The ALJ found that two patents were not indirectly infringed, that one of those patents is invalid and that the domestic industry requirement for that patent has not been met. The ITC has determined to review the ALJ’s findings with respect to certain issues and is requesting responses from the interested parties on several specific questions.

In connection with the final disposition of this investigation, which has been pushed back to Oct. 8, the ITC may issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or one or more orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the ITC is accepting through Aug. 14 written submissions that address (1) the form of remedy, if any, that should be ordered, (2) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers, and (3) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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