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IPR Enforcement: Steel, Fabrics, Surgical Staplers, RFID Devices, Activity Trackers, Etc.

Wednesday, April 06, 2016
Sandler, Travis & Rosenberg Trade Report

Stainless Steel Products. The International Trade Commission has terminated trade secret misappropriation investigation 337-TA-933 of stainless steel products, certain processes for manufacturing or relating to same, and certain products containing same with respect to six respondents based on the withdrawal of the complaint with respect to these companies.

Overflow and Drain Assemblies. The ITC received April 4 on behalf of WCM Industries Inc. a petition requesting that it institute a Section 337 investigation regarding overflow and drain assemblies for bathtubs and components thereof. The proposed respondents are located in Taiwan 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.

Radiotherapy Systems. In patent infringement investigation 337-TA-968 of radiotherapy systems and treatment planning software and components thereof, the ITC has agreed to amend the complaint and notice of investigation to add additional patent infringement claims by complainants Varian Medical Systems Inc. and Varian Medical Systems International AG.

Woven Textile Fabrics. The ITC has terminated patent infringement and false advertising investigation 337-TA-976 of woven textile fabrics and products containing same with respect to two respondents on the basis of a settlement agreement with complainant AAVN Inc.

Surgical Stapler Devices. The ITC has terminated patent infringement investigation 337-TA-985 of surgical stapler devices and components thereof based on a consent order between the respondents and complainant Covidien LP.

RFID Products. The ITC has terminated patent infringement investigation 337-TA-979 of radio frequency identification products and components thereof with respect to three respondents based on the withdrawal of the complaint by complainant Neology Inc.

Activity Tracking Devices. In patent infringement investigation 337-TA-963 of activity tracking devices, systems and components thereof, the ITC has affirmed that the patent claims asserted by complainant AliphCom d/b/a Jawbone and BodyMedia Inc. are directed to ineligible subject matter.

The ITC has also terminated this investigation as to certain patent claims based upon the withdrawal of infringement allegations pertaining to those claims.

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