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IPR Enforcement: Magnetic Tape Cartridges, Graphics Processors/Memory Controllers, Lithium Cathode Materials

Thursday, December 22, 2016
Sandler, Travis & Rosenberg Trade Report

Magnetic Tape Cartridges. The International Trade Commission received Dec. 15 on behalf of Sony Corporation, Sony Storage Media and Devices Corporation, Sony DADC US Inc. and Sony Latin America Inc. a petition requesting that it institute a Section 337 investigation regarding certain magnetic tape cartridges and components thereof. The proposed respondents are located in Japan 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.

In this particular case, the complainants are requesting that the ITC issue a limited exclusion order and cease and desist orders and impose a bond upon the respondents’ alleged infringing articles during the 60-day presidential review period.

Graphics Processors/Memory Controllers. The ITC received Dec. 16 on behalf of ZiiLabs Inc. Ltd. a petition requesting that it institute a Section 337 investigation regarding certain graphics processors, DDR memory controllers, and products containing the same. The proposed respondents are located in China, Japan, Korea, Taiwan, and the U.S. The complainant is requesting that the ITC issue a limited exclusion order and cease and desist orders and impose a bond upon the respondents’ alleged infringing articles during the 60-day presidential review period.

Lithium Cathode Materials. In patent infringement investigation 337-TA-951 of certain lithium metal oxide cathode materials, lithium-ion batteries for power tool products containing the same, and power tool products with lithium-ion batteries containing the same, the ITC has issued a limited exclusion order prohibiting the importation of infringing lithium metal oxide cathode materials for consumption in the U.S. The ITC has also determined that a bond in the amount of three percent of entered value is required to permit temporary importation during the 60-day presidential review period.

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