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IPR Actions on Communication Devices, Media Playback Devices, Omega-3 Extracts

Monday, April 15, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

Patent Infringement Petition Refiled on Satellite Communication Devices. The International Trade Commission received April 10 on behalf of BriarTek IP Inc. a petition requesting that it institute a Section 337 investigation regarding certain two-way global satellite communication devices, systems and components. The proposed respondents are located in the U.S. The same complainant recently settled an earlier complaint against the same respondents concerning the same merchandise.

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 theU.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 ofU.S.inventory.

New IPR Infringement Investigation of Electronic Devices. The International Trade Commission has instituted investigation 337-TA-878 to determine whether imports of certain electronic devices having placeshifting or display replication functionality and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue allow users to view and listen to live, recorded or stored content, such as a recorded television program, on a remote device.

Complainant Sling Media Inc. requests 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 the U.S.

New IPR Infringement Investigation of Omega-3 Extracts. The International Trade Commission has instituted investigation 337-TA-877 to determine whether imports of certain omega-3 extracts from marine or aquatic biomass and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are various supplement products containing krill oil and other marine or aquatic-based products containing omega-3 fatty acids.

Complainants Neptune Technologies and Bioresources Inc. and Acasti Pharma Inc. 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 Norway, Israel, New Zealand, Canada and the U.S.

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