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New IPR Import Restrictions Sought on Fabrics, Cholesterol Test Strips, Height-Adjustable Desks

Tuesday, October 06, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received petitions requesting that it institute separate Section 337 investigations regarding the following products.

- woven textile fabrics (complainant AAVN Inc., respondents located in India and the U.S.)

- blood cholesterol test strips and associated systems containing same (complainant Polymer Technology Systems Inc., respondents located in South Korea and the U.S.)

- height-adjustable desk platforms and components thereof (complainant Varidesk LLC, respondent located in the U.S.)

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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