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IPR Enforcement Actions on Lithium Silicate Materials, Wireless Electronic Devices

Tuesday, February 25, 2014
Sandler, Travis & Rosenberg Trade Report

Lithium Silicate Materials. The International Trade Commission is requesting comments no later than March 5 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Ivoclar Vivadent AG, Ivoclar Vivadent Inc. and Ivoclar Vivadent Manufacturing Inc. against certain lithium silicate materials and products containing 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.

Wireless Electronic Devices. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-853 of certain wireless consumer electronics devices and components thereof. This action follows the ITC’s determination that the importation, sale for importation, and sale within the U.S. after importation of these products did not infringe a specified patent, as alleged by Technology Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot Scientific Corporation.

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