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New IPR Infringement Investigation of Portable Electronic Devices

Monday, May 09, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-994 to determine whether imports of portable electronic devices and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are devices such as smartphones with the capability of playing stored media files selected by a user from a hierarchical display.

Complainants Creative Technology Ltd. and Creative Labs Inc. request 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 China, Japan, Sweden, Korea, Taiwan and the U.S.

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