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New IPR Import Restrictions Sought on Network Devices, Marine Sonar, Memory Modules

Friday, September 02, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received petitions requesting that it institute separate Section 337 investigations of the following products.

- network devices, related software, and components thereof (complainant Cisco Systems Inc.; proposed respondent is located in the U.S.)

- marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof (complainants Navico Inc. and Navico Holding AS; proposed respondent is located in the U.S.)

- memory modules and components thereof and products containing same (complainant Netlist Inc.; proposed respondents located in Korea 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 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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