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IPR Enforcement Actions on 3-D Cinema Systems, Wireless Headsets

Thursday, December 11, 2014
Sandler, Travis & Rosenberg Trade Report

Patent Infringement Investigation of 3-D Cinema Systems Launched. The International Trade Commission has instituted investigation 337-TA-939 to determine whether imports of three-dimensional cinema systems and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue include cinema systems and related components used to project simulated three-dimensional images in commercial movie theaters.

Complainant ReadD Inc. requests 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 certain 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 Korea and the U.S.

New IPR Import Restrictions Sought on Wireless Headsets. The International Trade Commission received Dec. 8 on behalf of One-E-Way Inc. a petition requesting that it institute a Section 337 investigation regarding certain wireless headsets. The proposed respondents are located in Japan, Germany, Australia, Singapore, Ireland, Denmark and 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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