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IPR Enforcement: Potassium Chloride, Woven Fabrics

Monday, July 25, 2016
Sandler, Travis & Rosenberg Trade Report

Potassium Chloride. The International Trade Commission has instituted investigation 337-TA-1013 to determine whether imports of potassium chloride powder products are violating Section 337 of the 1930 Tariff Act by reason of false advertising. The products at issue are used for the treatment of hypokalemia in adults and pediatric patients.

Complainants Lehigh Valley Technologies Inc., Endo Global Ventures, Endo Ventures Limited and Generics Bidco I LLC 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 a cease and desist order, 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 Canada and the U.S.

Woven Fabrics. The ITC has terminated patent infringement and false advertising investigation 337-TA-976 of woven textile fabrics and products containing same with respect to two respondents on the basis of a settlement agreement with complainant AAVN Inc.

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