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IPR Enforcement Actions on Textile Fabrics, Ink Cartridges, Consumer Electronics

Wednesday, December 16, 2015
Sandler, Travis & Rosenberg Trade Report

Woven Textile Fabrics. The International Trade Commission has instituted investigation 337-TA-976 to determine whether imports of woven textile fabrics and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue in this investigation are high thread count cotton and polyester sheets and bedding products.

Complainant AAVN Inc. requests that after this investigation the ITC issue a general or limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and a cease and desist order, 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 India and the U.S.

Ink Cartridges. In patent infringement investigation 337-TA-946, the ITC has affirmed that 17 defaulting respondents have violated Section 337.

In connection with the final disposition of this investigation the ITC may issue an order that could result in the exclusion of the subject articles from entry into the U.S. and/or a cease and desist order that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles, both of which have been recommended the presiding administrative law judge in this case. Accordingly, the ITC is seeking through Dec. 30 comments on (a) the form of remedy, if any, that should be ordered, (b) the effects that any such remedy would have on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers, and (c) the amount of the bond under which infringing goods could continue to enter the U.S. during the 60-day period the president would have to review any ITC-ordered remedy.

Consumer Electronics. The ITC has terminated patent infringement investigation 337-TA-932 of consumer electronics and display devices with graphics processing and graphics processing units therein after determining not to review a final initial determination finding no violation of Section 337.

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