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IPR Enforcement: Food Supplements, Marine Sonar, Batteries and Power Tools

Thursday, October 13, 2016
Sandler, Travis & Rosenberg Trade Report

Food Supplements and Vitamins. The International Trade Commission is requesting comments no later than Oct. 21 on any public interest issues raised by a complaint filed on behalf of Kemin Industries Inc. and Kemin Foods L.C. alleging that the importation, sale for importation, and sale within the U.S. after importation of food supplements and vitamins, including ocular antioxidants and components thereof and products containing same, are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order 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.

Marine Sonar Devices. The ITC has instituted a formal enforcement proceeding to determine whether one respondent is in violation of the Dec. 1, 2015, cease and desist order issued in patent infringement investigation 337-TA-921 of marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof, which prohibited the sale and distribution within the U.S. of articles that infringe certain patent claims asserted by complainants Navico Inc. and Navico Holding AS.

Batteries and Power Tools. In patent infringement investigation 337-TA-951 of lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same, the ITC has scheduled a public hearing for Nov. 17 on the issues of laches, contributory infringement, and the public interest.

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