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Import Restrictions Considered for IPR Infringing Windshield Wipers

Friday, February 12, 2016
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigations 337-TA-928 and -937 of windshield wipers and components thereof, the ITC has determined to terminate its remand investigation with respect to certain products after complainants Valeo North America Inc. and Delmex de Juarez S. de R.L. de C.V. withdrew their assertion of patent infringement against these products.

However, the ITC has also determined that the importation, sale for importation and sale within the U.S. after importation of the subject goods is violating section 337 with respect to certain claims of one of the patents asserted by Valeo. The ITC is therefore seeking comments no later than Feb. 24 on (a) the form of remedy, if any, that should be ordered (e.g., exclusion orders and/or cease and desist orders), (b) 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 (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Finally, the ITC is extending the target date for completing these investigations to April 12.

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