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IPR Enforcement Actions: Footwear, Audio Processing Equipment, Power Distribution Units

Friday, February 05, 2016
Sandler, Travis & Rosenberg Trade Report

Footwear. In patent infringement investigation 337-TA-936 of certain footwear products, the presiding administrative law judge has issued a final initial determination finding a violation of Section 337 as to certain accused products of each active respondent and all accused products of each defaulting respondent. The ALJ recommended that the ITC issue a general exclusion order directed to footwear products that infringe the asserted trademarks as well as cease and desist orders against each respondent found to infringe.

The ITC has determined to review parts of the final ID and is requesting comments from the parties on specific issues. The ITC is also inviting comments no later than Feb. 19 on (a) the form of remedy, if any, that should be issued, (b) 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 (c) 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.

Audio Processing Equipment. The ITC has terminated patent infringement investigation 337-TA-949 of audio processing hardware and software and products containing same with respect to one respondent on the basis of a settlement agreement and patent license agreement with complainant Andrea Electronics Corp.

Power Distribution Units. The ITC has terminated investigation 337-TA-980 of rack mountable power distribution units in its entirety based on a settlement agreement between complainant Server Technology Inc. and the respondents, which are located in France and the U.S.

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