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IPR Enforcement Actions on Set-Top Boxes, Handheld Magnifiers, Sonar Devices, Wind Turbines

Thursday, April 24, 2014
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Set-Top Boxes Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than May 2 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of ViXS Systems Inc. and ViXS USA Inc. against certain set-top boxes, gateways, bridges, and adapters and components thereof. 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.

No IPR Import Restrictions on Handheld Magnifiers, Sonar Imaging Devices, Wind Turbines. The International Trade Commission has terminated the following patent infringement investigations without the imposition of import restrictions.

- patent infringement investigation 337-TA-901 of certain handheld magnifiers and products containing same, based on the issuance of a consent order requested by the respondents, which are located in China and the U.S., and not opposed by complainant Freedom Scientific Inc.

- patent infringement investigation 337-TA-853 of certain marine sonar imaging devices, products containing the same, and components thereof, based on a settlement agreement between complainants Navico Inc. and Navico Holding AS and the respondents, which are located in Hong Kong, China, Belgium, the United Kingdom and the U.S.

- patent infringement investigation 337-TA-641 of certain variable speed wind turbines and components thereof, based on a settlement agreement between complainant General Electric and the respondents, which are located in Japan and the U.S.

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