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IPR Enforcement Actions on Vehicle Devices, Radiotherapy Systems, Valve Actuation Devices

Thursday, October 29, 2015
Sandler, Travis & Rosenberg Trade Report

Vehicular Smartwatch Systems. The International Trade Commission received Oct. 23 on behalf of Intellectual Capital Consulting Ltd. a petition alleging that the importation, sale for importation and sale within the U.S. after importation of vehicular smartwatch systems, related software, components thereof and products containing same are violating Section 337 of the 1930 Tariff Act. The complaint requests that the ITC issue general exclusion orders and a permanent cease and desist order against the proposed respondents, which are located in Korea, Germany, Sweden, Japan, China and the U.S.

The ITC is requesting comments no later than Nov. 6 on any public interest issues raised by this complaint. 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.

Radiotherapy Systems. The ITC has voted to institute investigation 337-TA-968 to determine whether imports of radiotherapy systems and treatment planning software and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are medical systems that employ radiotherapy to treat cancer.

Complainants Varian Medical Systems Inc. and Varian Medical Systems International AG request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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 Sweden, the United Kingdom, China and the U.S.

Valve Actuation Devices. The ITC has narrowed patent infringement investigation 337-TA-954 of variable valve actuation devices and automobiles containing the same by terminating it with respect to one patent asserted by complainant Jacobs Vehicle Systems Inc.

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