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IPR Enforcement Actions on Hobby Kits, Lithium Ion Batteries

Thursday, March 26, 2015
Sandler, Travis & Rosenberg Trade Report

Import Restrictions Under Consideration for Patent Infringing Kids’ Hobby Kits. The International Trade Commission has determined that the importation, sale for importation, and sale within the U.S. after importation of certain loom kits for creating linked articles are violating patents owned by complainant Choon’s Design Inc. The products at issue are children’s hobby kits used to link together elastic bands to make articles such as bracelets.

The presiding administrative law judge has recommended the issuance of a general exclusion order. The ITC is therefore requesting comments through April 3 on the form of remedy, if any, that should be ordered (i.e., an exclusion order or cease and desist order); 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 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.

New IPR Infringement Investigation of Lithium Ion Batteries. The ITC has instituted investigation 337-TA-951 to determine whether imports 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 are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants BASF Corporation and IChicago Argonne LLC request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Belgium, Japan and the U.S.

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