Print PDF

Practice Areas

IPR Enforcement Actions: Sonar Imaging Devices, Wireless Headsets, Network Devices, Cinema Devices

Thursday, February 18, 2016
Sandler, Travis & Rosenberg Trade Report

Marine Sonar Imaging Devices. The International Trade Commission received Feb. 16 on behalf of Navico Inc. and Navico Holding AS a petition requesting that it institute a Section 337 investigation regarding marine sonar imaging devices, including downscan and sidescan devices, products containing the same and components thereof. The proposed respondents are located in 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 the U.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 of U.S. inventory.

Wireless Headsets. The ITC has terminated patent infringement investigation 337-TA-943 of wireless headsets with respect to one respondent based on a settlement agreement with complainant One-E-Way Inc.

Network Devices. In patent infringement investigation 337-TA-944 of network devices, related software and components, the presiding administrative law judge has recommended the issuance of a limited exclusion order and a cease and desist order against certain goods imported by the named respondent.

The ITC is now requesting by March 21 comments on any public interest issues raised by the recommended relief. Comments should address whether the issuance of a limited exclusion order and/or cease and desist order 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.

3-D Cinema Systems. In investigation 337-TA-939, the ITC has determined to review in part a final initial determination finding that the importation, sale for importation, or sale within the U.S. after importation of three-dimensional cinema systems and components thereof is infringing all three patents asserted by RealID Inc. The presiding administrative law judge has also recommended the issuance of a limited exclusion order and a cease and desist order and that a bond of 100 percent should be imposed during the 60-day presidential review period.

In connection with the final disposition of this investigation the ITC may issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or a cease and desist order that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the ITC is seeking through March 1 comments on (a) the form of remedy, if any, that should be ordered, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers, and (c) the amount of the bond under which infringing goods could continue to enter the U.S. during the 60-day period the president would have to review any ITC-ordered remedy.

In addition, complainant RealID has been asked to (a) submit proposed remedial orders for the ITC’s consideration, (b) state the date that the asserted patents expire and the HTSUS numbers under which the accused products are imported, and (c) provide identification information for all known importers of the products at issue.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines