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IPR Enforcement Actions on Wireless Devices, Orthodontic Aligners

Thursday, August 01, 2013
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Investigation of Wireless Devices. The International Trade Commission voted July 31 to institute investigation 337-TA-889 to determine whether imports of certain mobile phones and tablets are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue include mobile phones and tablets with features and hardware, such as transmitters and receivers, that may allow these products to be geographically located on a map and tracked.

Complainant Pragmatus Mobile 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 Korea and the U.S.

Import Restrictions Considered for Orthodontic Aligners. In patent infringement investigation 337-TA-833, the International Trade Commission has determined to review the presiding administrative law judge’s final initial determination that certain digital models, digital data, and treatment plans for use in making incremental dental appliances, the appliances made therefrom, and methods of making same are violating certain patents owned by Align Technology Inc. The ALJ has recommended the issuance of 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 ITC is also accepting through Aug. 8 comments on the form of remedy, if any, that should be ordered in this investigation; 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 subject articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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