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IPR Enforcement Actions on Integrated Circuits, Digital Models, CFL Reflector Lamps

Monday, June 09, 2014
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Integrated Circuits Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than June 17 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Freescale Semiconductor Inc. against certain integrated circuits and products containing the same. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

Cease and Desist Orders on Digital Models Stayed Pending Appeal. The International Trade Commission has agreed to suspend enforcement of the cease and desist orders it issued in April against certain digital models deemed to infringe patents owned by Align Technology Inc. while the respondents appeal those orders to the Court of Appeals for the Federal Circuit. The ITC issued these orders in investigation 337-TA-833 of certain digital models, digital data, and treatment plans for using making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same. The orders direct the two respondents to halt the infringing digital imports but provide an exemption for activities related to treatment of existing patients in the U.S.

No Import Restrictions on Compact Fluorescent Reflector Lamps. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-872 of certain compact fluorescent reflector lamps, products containing same and components thereof. The ITC determined that Neptun Light Inc. did not prove a violation of section 337 after rejecting the administrative law judge’s construction of a specific term and reversing the ALJ’s findings of infringement.

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