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IPR Enforcement Actions on Rubber Resins, Crawler Cranes, Omega-3 Extracts

Wednesday, January 22, 2014
Sandler, Travis & Rosenberg Trade Report

Rubber Resins. The International Trade Commission has determined that the importation, sale for importation and sale within the U.S. after importation of certain rubber resins by eight respondents is violating 19 USC 1337 by reason of misappropriation of trade secrets owned by SI Group Inc. The ITC has therefore issued a limited exclusion order that, for ten years, prohibits the unlicensed importation of rubber resins that are made using any of the SP-1068 rubber resin trade secrets and manufactured by, for or on behalf of those eight respondents or any of their affiliated companies, parents, subsidiaries, licensees, contractors or other related business entities, or their successors or assigns. The ITC has further determined that the covered products may be imported during the 60-day presidential review period under bond in the amount of 19% of entered value.

Crawler Cranes. The International Trade Commission has amended the scope of patent infringement investigation 337-TA-887 of certain crawler cranes and components thereof by asserting additional patent claims, additional trade secrets and an additional unfair act.

Omega-3 Extracts. The International Trade Commission has terminated patent infringement investigation 337-TA-877 of certain omega-3 extracts from marine or aquatic biomass and products containing the same with respect to three respondents on the basis of a settlement agreement with complainants Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc.

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