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IPR Enforcement: Device Holders, Quartz Slabs, Computing Systems, Computer Cables, Beds

Monday, October 17, 2016
Sandler, Travis & Rosenberg Trade Report

Device Holders. The International Trade Commission is requesting comments no later than Oct. 24 on any public interest issues raised by a complaint filed on behalf of Nite Ize Inc. alleging that the importation, sale for importation, and sale within the U.S. after importation of mobile device holders and components thereof 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 complainant 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.

Quartz Slabs. The ITC has terminated patent investigation 337-TA-996 of quartz slabs and portions thereof with respect to one patent asserted by complainant Cambria Company LLC.

Computing Systems. The ITC has terminated patent infringement investigation 337-TA-984 of computing or graphics system, components thereof, and vehicles containing same with respect to three respondents based on Advanced Silicon Technologies LLC’s withdrawal of its complaint with respect to them.

Computer Cables. In trademark infringement investigation 337-TA-975 of computer cables, chargers, adapters, peripheral devices, and packaging containing the same, the ITC has issued a limited exclusion order prohibiting the unlicensed entry of infringing goods that are manufactured abroad or imported by or on behalf of the respondents. The ITC has further determined that the bond under which infringing articles may continue to enter the U.S. during the 60-day period the president has to review this remedy will be 100 percent of the entered value.

Hospital Beds. The ITC has terminated patent infringement investigation 337-TA-987 of hospital beds and components thereof without the imposition of import restrictions on the basis of a settlement between complainant Stryker Corporation and the respondents.

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