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New IPR Infringement Petition on Sleep-Disordered Breathing Treatment Systems

Tuesday, July 23, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received July 19, 2013 on behalf of ResMed Corp., ResMed Inc., and ResMed Ltd. a petition requesting that it institute a Section 337 investigation regarding Sleep-Disordered Breathing Treatment Systems. The proposed respondents are located in China 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 the U.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 of U.S. inventory.

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