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IPR Enforcement: Silicon-on-Insulator Wafers, Breathing Treatment Systems

Tuesday, September 20, 2016
Sandler, Travis & Rosenberg Trade Report

Silicon-on-Insulator Wafers. The International Trade Commission is requesting comments no later than Sept. 27 on any public interest issues raised by a complaint filed on behalf of Silicon Genesis Corporation alleging that the importation, sale for importation, and sale within the U.S. after importation of silicon-on-insulator wafers are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order 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.

Breathing Treatment Systems. The ITC has instituted investigation 337-TA-1022 to determine whether imports of sleep-disordered breathing treatment mask systems and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are masks used in continuous positive airway pressure therapy systems.

Complainants ResMed Corp., ResMed Inc., and ResMed Ltd. 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 New Zealand and the U.S.

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