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ITC Initiates, Terminates, Modifies IPR Enforcement Proceedings

Monday, January 22, 2018
Sandler, Travis & Rosenberg Trade Report

Investigations Initiated. The International Trade Commission has instituted investigations to determine whether imports of the following products are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

- large composite mats used to establish temporary surfaces for supporting larger items such as trucks, tanks, and oil and gas drilling operations (complainant Newpark Mats and Integrated Services LLC; respondents located in United Kingdom and U.S.)

- electronic devices such as smartphones and tablets with certain types of web applications that can be used to perform commercial transactions over the Internet (complainants Lakshmi Arunachalam and WebXchange Inc.; respondents located in Korea and the U.S.)

- microperforated packaging containing fresh produce (complainant Windham Packaging LLC; respondents located in the U.S.)

In each case the complainant(s) request that after the investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of 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.

Investigations Narrowed. The ITC has narrowed the scope of its IPR infringement investigations of the following products as indicated.

- road milling machines and components thereof (one respondent terminated)

- non-volatile memory devices and products containing same (eight patent claims withdrawn)

- dental ceramics, products thereof, and methods of making the same (four patent claims withdrawn)

- bar code readers, scan engines, products containing the same, and components thereof (numerous patent claims terminated based on consent order or withdrawal of allegations)

- robotic vacuum cleaning devices and components thereof such as spare parts (terminated with respect to one patent based on determination of non-infringement)

Investigations Terminated. The ITC has terminated without the imposition of import restrictions its patent infringement investigations of the following products.

- consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players (due to settlement between respondents and complainant ARRIS Enterprises LLC)

- wireless audio systems and components thereof (due to settlement and license agreements between respondents and complainants Broadcom Limited and Avago Technologies General IP (Singapore) Pte Ltd.)

- memory modules and components thereof and products containing same (due to finding of no violation)

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