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IPR Enforcement: Network Devices, Composite Cores, Vehicle Wheels

Wednesday, April 13, 2016
Sandler, Travis & Rosenberg Trade Report

Network Devices. In patent infringement investigation 337-TA-944 of network devices, related software and components thereof, the International Trade Commission’s presiding administrative law judge has determined that the importation, sale for importation and sale within the U.S. after importation of these goods are violating certain patents asserted by complainant Cisco Systems Inc.

As a result, the ITC is inviting public comments through April 25 on (1) the form of remedy, if any, that should be ordered; (2) the effect of any such remedy (e.g., an exclusion order and/or cease and desist orders) would have 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 (3) the amount of the bond under which infringing goods could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

The ITC is also requesting that the complainant provide the date that the asserted patents expire, the HTSUS numbers under which the accused products are imported, and the names of known importers of these products.

Composite Cores, Vehicle Wheels. The ITC has received separate petitions requesting that it institute Section 337 investigations regarding the following products.

- electrical conductor composite cores (complainant CTC Global Corporation; respondents located in China and the U.S.)

- passenger vehicle automotive wheels (complainant Daimler AG; respondents 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.

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