IPR Enforcement: Industrial Control System Software, Computer Cables and Chargers
Industrial Control System Software. The International Trade Commission received Aug. 5 on behalf of Rockwell Automation Inc. a petition requesting that it institute a Section 337 investigation regarding industrial controls system software, systems using same and components thereof. The proposed respondents are located in Germany, Taiwan 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.
Computer Cables and Chargers. In trademark infringement investigation 337-TA-975 of computer cables, chargers, adapters, peripheral devices and packaging containing the same, the ITC has found all respondents in default. The ITC may order relief against respondents found in default unless it finds after considering the public interest that such relief should not issue.
In this case complainant Belkin International Inc. is seeking a limited exclusion order and cease and desist orders. The ITC is therefore soliciting through Aug. 18 comments on the form of remedy, if any, that should be ordered; the effects of any such remedy on public health and welfare in the U.S., competitive conditions in the U.S. economy, U.S. production of like or directly competitive articles, or 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.