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IPR Enforcement: Data Tapes, Printers, Hand Dryers, Wipers, Beverage Capsules, Etc.

Wednesday, June 29, 2016
Sandler, Travis & Rosenberg Trade Report

Data Storage Tapes. The International Trade Commission has instituted investigation 337-TA-1012 to determine whether imports of magnetic data storage tapes and cartridges containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are linear tape-open magnetic tape media for data storage and tape cartridges.

Complainants Fujifilm Corporation and Fujifilm Recording Media USA 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 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 Japan and the U.S.

Inkjet Printers. The ITC has instituted investigation 337-TA-1011 to determine whether imports of inkjet printers, print heads and ink cartridges, components thereof and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainant HP Inc. requests that after this investigation the ITC issue an 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 Ireland, Australia and the U.S.

Potassium Chloride. The ITC is requesting comments no later than July 7 on any public interest issues raised by a complaint filed on behalf of Lehigh Valley Technologies Inc., Endo Global Ventures, Endo Ventures Limited and Generics Bidco I LLC alleging that the importation, sale for importation and sale within the U.S. after importation of potassium chloride powder products are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the exclusion orders and cease and desist orders requested by the complainants 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 complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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.

Hand Dryers. The ITC received June 24 on behalf of Excel Dryer Inc. a petition requesting that it institute a Section 337 investigation regarding hand dryers and housings for hand dryers. The proposed respondents are located in China, the United Kingdom 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.

Windshield Wipers. The ITC has terminated patent infringement investigations 337-TA-928 and -937 of windshield wipers and components thereof without the imposition of import restrictions based on a settlement agreement between complainants Valeo North America Inc. and Delmex de Juarez S. de R.L. de C.V. and the respondents, which are located in Belgium and the U.S.

Laser-Driven Light Sources. The ITC has terminated patent infringement investigation 337-TA-983 of laser-driven light sources, subsystems containing same and products containing same without the imposition of import restrictions based on a settlement agreement between complainant Energetiq Technology Inc. and the respondents, which are located in Germany, the Netherlands and the U.S.

Beverage Brewing Capsules. In patent infringement investigation 337-TA-929 of beverage brewing capsules, components thereof and products containing the same, the ITC has determined to institute a formal enforcement proceeding to determine whether the respondents are in violation of the March 17, 2016, limited exclusion order and cease and desist order and what, if any, enforcement measures are appropriate.

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