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New IPR Infringement Investigation of Industrial Control System Software

Thursday, September 15, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-1020 to determine whether imports of industrial control system software, systems using the same, and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are programmable industrial controllers and associated software used for the automation of industrial processes in facilities such as factories, warehouses, and utilities.

Complainant Rockwell Automation Inc. requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of 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 Germany, Taiwan, and the U.S.

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