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New IPR Import Restrictions Sought on Activity Tracking Devices

Thursday, July 23, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received July 7 on behalf of AliphCom (doing business as Jawbone) and Bodymedia Inc. a petition requesting that it institute a Section 337 investigation regarding certain activity tracking devices, systems and components thereof. The proposed respondents are located in Singapore, Mauritius 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 CBP 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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