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IPR Enforcement Actions on Portable Electronic Devices and Nanopores

Wednesday, March 30, 2016
Sandler, Travis & Rosenberg Trade Report

Portable Electronic Devices. The International Trade Commission has received on behalf of Creative Technology Ltd. and Creative Labs Inc. a petition requesting that it institute a Section 337 investigation regarding portable electronic devices and components thereof. The proposed respondents are located in China, Japan, Sweden, Korea, Taiwan, Canada 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.

 

Nanopores. The ITC has instituted investigation 337-TA-991 to determine whether imports of certain nanopores and products containing the same are violating Section 337 of the 1939 Tariff Act by reason of patent infringement.

Complainants Illumina Inc., the University of Washington and the UAB Research Foundation 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 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 the United Kingdom and the U.S.

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