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IPR Enforcement Actions on Power Distribution Units, Skin Care Devices, Audio Processing Equipment, Controllers

Friday, January 08, 2016
Sandler, Travis & Rosenberg Trade Report

Power Distribution Units. The International Trade Commission has instituted investigation 337-TA-980 to determine whether imports of rack mountable power distribution units are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are often used in data centers with large numbers of computers and servers where the PDUs efficiently and reliably provide power to such equipment.

Complainant Server Technology Inc. requests 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 France and the U.S.

RFID Products. The ITC has instituted investigation 337-TA-979 to determine whether imports of radio frequency identification products and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue include readers and transponders combined into identification systems.

Complainant Neology Inc. requests that after this investigation the ITC issue a limited exclusion order, which would direct CBP 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 U.S., Canada, Hong Kong and Thailand.

 

Graphics Processing Chips. In patent infringement investigation 337-TA-941 of graphics processing chips, systems on a chip and products containing the same, the ITC is requesting comments no later than Jan. 26 on any public interest issues raised by a recommendation to issue a limited exclusion order against some subject goods imported by the respondents and a cease and desist order against the respondents. Comments should address whether the issuance of such orders would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

 

Electric Skin Care Devices. The ITC has terminated patent and trade dress infringement investigation 337-TA-959 of electric skin care devices, brushes and chargers therefor, and kits containing the same with respect to Nutra-Luxe M.D. LLC based on the issuance of a consent order that was jointly proposed by complainant Pacific Bioscience Laboratories Inc. and Nutra-Luxe.

Drug Used to Treat Hemophilia. The ITC has terminated patent infringement investigation 337-TA-956 of recombinant factor VIII products used to treat hemophilia A with respect to certain patent claims asserted by complainants Baxter International Inc., Baxter Healthcare Corporation, Baxter Healthcare SA, Baxalta Inc., Baxalta U.S. Inc., and Baxalta GmbH.

Audio Processing Hardware/Software. The ITC has terminated patent infringement investigation 337-TA-949 of audio processing hardware, software and products containing the same with respect to certain patent claims asserted by complainant Andrea Electronics Co.

DC-DC Controllers. In patent and trade secret infringement investigation 337-TA-698 of DC-DC controllers and products containing the same, the ITC has issued a modified civil penalty of $650,000 to a single respondent. This penalty is a result of the administrative law judge having added 11 days to the total number of days the respondent violated a 2010 consent order through the importation and sale of accused products that infringed all asserted claims of the patents at issue and formerly accused products that contain or use the trade secrets asserted by complainant Richtek Technology Corp.

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