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IPR Enforcement Actions on Media Library Devices, Digital Media Devices

Tuesday, June 04, 2013
Sandler, Travis & Rosenberg Trade Report

No IPR Import Restrictions on Automated Media Library Devices. The International Trade Commission has terminated without imposing import restrictions patent infringement investigation 337-TA-746 of certain automated media library devices. The ITC partially modified the presiding administrative law judge’s remand initial determination finding no violation of section 337 by the remaining respondents in connection with the patents asserted by complainant Overland Storage Inc.

Remedial Measures Under Consideration for Digital Media Devices. In investigation 337-TA-796, the International Trade Commission has determined to review in its entirety a remand initial determination finding that the importation, sale for importation and sale within the U.S. after importation of certain electronic digital media devices and components thereof are violating specific patents owned by complainant Apple Inc. The ITC is therefore requesting public comments on the following issues.

- the form of remedy, if any, that should be ordered; i.e., an order excluding the subject articles from entry into the U.S. or one or more orders requiring the respondents to cease and desist from engaging in unfair acts in the importation and sale of such articles

- 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

- the amount of the bond under which infringing articles could enter the U.S. during the 60-day period the president has to reviewed any ITC-ordered remedy

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