IPR Enforcement Actions on Opaque Polymers, Consumer Electronics
New IPR Infringement Petition on Opaque Polymers. The International Trade Commission received May 20 on behalf of Rohm and Hass Company, Rohm and Haas Chemicals LLC and The Dow Chemical Company a petition requesting that it institute a Section 337 investigation regarding certain opaque polymers. The proposed respondents are located in Turkey, the Netherlands 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 theU.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 ofU.S.inventory.
Potential IPR Probe of Consumer Electronics Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than May 31 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Graphics Properties Holdings Inc. against certain consumer electronics with display and processing capabilities. 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, the complainant’s 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.