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IPR Enforcement Actions on Herbicide, Audiovisual Components

Monday, March 10, 2014
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Petition on Herbicide. The International Trade Commission received March 5 on behalf of FMC Corporation a petition requesting that it institute a Section 337 investigation regarding the sulfentrazone, sulfentrazone compositions and processes for making sulfentrazone (an herbicide). The proposed respondents are located in China 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.

No IPR Import Restrictions on Audiovisual Components. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-837 of certain audiovisual components and products containing the same. This termination is based on (a) a settlement agreement between complainants LSI Corporation and Agere Systems Inc. and one respondent, (b) the expiration of one of the patents at issue, and (c) the ITC’s determination that the importation, sale for importation and sale within the U.S. after importation of the covered products did not infringe a separate patent (among other things, because the complainants did not prove the existence of a domestic industry with respect to that patent).  

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