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IPR Enforcement Actions: Radiotherapy Systems, TVs, Skin Care Devices, Denim Garments

Thursday, October 01, 2015
Sandler, Travis & Rosenberg Trade Report

Radiotherapy Systems. The International Trade Commission is requesting comments no later than Oct. 9 on any public interest issues raised by a complaint filed on behalf of Varian Medical Systems Inc. and Varian Medical Systems International AG alleging that the importation, sale for importation and sale within the U.S. after importation of radiotherapy systems and treatment planning software, and components thereof, are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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.

TV Sets. The ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-910 of television sets, TV receivers, TV tuners and components thereof. While the ITC found that the importation, sale for importation and sale within the U.S. after importation of these items did infringe some of the patent claims asserted by Cresta Technology Corporation, it also found that Cresta failed to satisfy the economic prong of the domestic industry requirement for both asserted patents and the technical prong with respect to one patent.

Electric Skin Care Devices. The ITC is considering a request to terminate 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 one respondent based on a consent order stipulation and proposed consent order. However, the ITC states that the proposed order does not clearly identify the articles that would be subject to it and includes language that is ambiguous and does not appear to comply with Commission rules. The ITC is therefore requiring further input from the respondent at issue and complainant Pacific Bioscience Laboratories Inc. no later than Oct. 13.

Denim Garments. The ITC has removed another respondent from patent infringement investigation 337-TA-930 of laser-abraded denim garments based on a settlement agreement between it and complainants RevoLaze LLC and TechnoLines LLC.

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