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IPR Enforcement Actions on Electronic Device Cases, Games and Toys

Tuesday, October 28, 2014
Sandler, Travis & Rosenberg Trade Report

ITC to Review Applicability of Import Restrictions on Portable Electronic Device Cases. The International Trade Commission has instituted an advisory opinion proceeding to determine whether certain products produced by one of the respondents is covered by the general exclusion order the ITC issued in investigations 337-TA-867/861 against certain cases for portable electronic devices found to have violated various claims of a patent owned by Speculative Product Design LLC. Specifically, the ITC has (a) rejected the respondent’s argument that the GEO should apply only to products that were specifically before the ITC, (b) agreed to review whether the additional products infringe one or more of the patent claims at issue in the original investigation, and (c) determined to continue its longstanding practice of not considering the validity of the underlying intellectual property in advisory proceedings.

Import Restrictions on Certain Games and Toys Could be Rescinded. The ITC is requesting submissions no later than Dec. 22 on whether it should wholly or partially rescind the exclusion orders it issued against the following products.

- novelty glasses (337-TA-055)

- coin-operated audio visual games and components thereof (337-TA-087)

- coin-operated audio visual games and components thereof (viz., Rally-X and Pac-Man; 337-TA-105)

- cube puzzles (337-TA-112)

- strip lights (337-TA-287)

- novelty teleidoscopes (337-TA-295)

The ITC notes that each of these exclusion orders issued over 20 years ago and that a preliminary investigation by U.S. Customs and Border Protection has indicated that the trademarks or trade dress at issue in these orders are no longer used in commerce or the complainant has stopped making required compliance filings. The ITC is therefore requesting submissions from the public, including the current owners of the trademarks or trade dress at issue, on whether these exclusion orders should be rescinded based on changed conditions of fact or law or the public interest.

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