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IPR Enforcement Actions on Herbicide, TV Programs

Thursday, May 01, 2014
Sandler, Travis & Rosenberg Trade Report

Possible Import Restrictions on Herbicide Delayed. In patent infringement investigation 337-TA-914 of certain sulfentrazone, sulfentrazone compositions and processes for making sulfentrazone, the International Trade Commission ’s presiding administrative law judge has designated temporary relief proceedings as “more complicated.” Complainant FMC Corporation requested that the ITC issue a temporary limited exclusion order and temporary cease and desist order that would prohibit the importation into and sale within the U.S. of certain allegedly infringing articles while the ITC’s investigation is ongoing. The ALJ’s determination, which was made on the basis of the complexity of the issues raised in FMC’s request, gives the ITC up to 60 additional days to rule on whether to grant the temporary relief.

The products at issue in this investigation are used to control certain weeds in various agricultural crops, including soybean, sunflower and tobacco, and to control pests in non-crops such as ornamental plants, turf and golf courses.

No Import Restrictions on TV Programs. The International Trade Commission has terminated without the imposition of import restrictions investigation 337-TA-886 of certain TV programs, literary works for TV production and episode guides. According to press reports, complainants E.T. Radcliffe LLC and Emir Tiar alleged that Tiar’s TV pilot script, character analysis and episode guide for a children’s TV program were copied, distributed and modified to produce a TV program in Canada that was imported into the U.S. and aired on a cable channel. However, the ITC has now determined that there was no copyright infringement or unfair competition.

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