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IPR Enforcement: Audiovisual Components, Optical Disc Drives

Wednesday, October 23, 2013
Sandler, Travis & Rosenberg Trade Report

Remedial Action Considered on Audiovisual Components. The International Trade Commission has determined to review in its entirety the presiding administrative law judge’s final initial determination that the importation, sale for importation and sale within the U.S. after importation of certain audiovisual components and products containing the same are violating patents owned by LSI Corporation and Agere Systems Inc.

In the context of this review the ITC is requesting public comments no later than Nov. 1 on the form of remedy, if any, that should be ordered (i.e., an exclusion order and/or cease and desist orders); 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; and the amount of the bond under which infringing articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

The ITC is also requesting input from the parties to this investigation as to whether, in light of statutory language, legislative history, prior ITC decisions and relevant court decisions, establishing a domestic industry based on licensing under 19 USC 1337 (a)(3)(C) requires proof of articles protected by the patent.

New IPR Infringement Investigation of Optical Disc Drives. The International Trade Commission has instituted investigation 337-TA-897 to determine whether imports of certain optical disc drives, components thereof and products containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are used in products such as desktop and laptop computers, computer storage devices, network attached storage devices, DVD and Blu-ray players/recorders, CD players, televisions, console gaming systems, and servers.

Complainant Optical Devices LLC requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Hong Kong, Korea, Japan, Taiwan and the U.S.

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