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IPR Enforcement: LED Devices, Industrial Automation Systems

Friday, December 28, 2018
Sandler, Travis & Rosenberg Trade Report

LED Devices. In patent infringement investigation 337-TA-1081 of certain LED devices, LED power supplies, and components thereof, the International Trade Commission is seeking public comments by Jan. 16 on public interest issues raised by the administrative law judge’s recommendation that the ITC issue a limited exclusion order if it finds a Section 337 violation. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the recommended order are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the recommended order;

- 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 recommended order within a commercially reasonable time; and

- explain how the order would impact consumers in the U.S.

Industrial Automation Systems. In investigation 337-TA-1074, the ITC has determined not to review the presiding administrative law judge’s final initial determination finding that the importation and sale of certain industrial automation systems and components thereof, including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies, are violating certain registered trademarks and copyrights and committing unfair methods of competition and unfair acts.

In addition, the ITC is accepting public comments by Jan. 11 on (a) the form of remedy, if any, that should be ordered in this investigation, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or directly competitive articles, and U.S. consumers, and (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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