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New Import Restrictions on Patent Infringing Optoelectronic Devices

Wednesday, April 23, 2014
Sandler, Travis & Rosenberg Trade Report

In investigation 337-TA-860, the International Trade Commission has determined that the importation, sale for importation and sale within the U.S. after importation of certain optoelectronic devices for fiber optic communications, components thereof and products containing the same are violating certain patents.

The ITC has determined that the appropriate relief includes (a) a limited exclusion order prohibiting the unlicensed entry of infringing subject items that are manufactured abroad or imported by or on behalf of any of the named respondents (which are located in Denmark, Germany, France, Israel and the U.S.) and (b) cease and desist orders prohibiting importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for infringing subject items that are manufactured abroad or imported by or on behalf of two of the named respondents.

The ITC has also determined that the respondents are required to post a bond in the amount of 3% of the entered value of the products covered by the exclusion order and cease and desist orders during the 60-day period the president has to review these remedies.

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