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IPR Enforcement Actions on Digital Media Devices, Windshield Wipers

Wednesday, May 15, 2013
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Petition on Digital Media Devices. The International Trade Commission received May 13 on behalf of Black Hills Media LLC a petition requesting that it institute a Section 337 investigation regarding certain digital media devices, including televisions, Blu-ray disc players, home theater systems, tablets and mobile phones, components thereof and associated software. The proposed respondents are located in Korea, Japan 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 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.

Potential IPR Probe of Windshield Wipers Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than May 23 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Federal-Mogul Corporation and Federal-Mogul S.A. against certain windshield wiper devices and components thereof. 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, the complainant’s 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.

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