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New IPR Probes of Cholesterol Testing Strips, Container Systems

Monday, June 04, 2018
Sandler, Travis & Rosenberg Trade Report

Cholesterol Testing Strips. The ITC has instituted investigation 337-TA-1116 to determine whether imports of certain blood cholesterol testing strips and associated systems containing the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are blood cholesterol testing products such as meters, testing strips, and associated systems.

Complainant Polymer Technology System Inc. requests that after this investigation the ITC issue a limited exclusion order, which would direct CBP to prohibit the entry of infringing products into the U.S., and a cease and desist order, 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 China.

Container Systems. The ITC has instituted investigation 337-TA-1115 to determine whether imports of certain blow-molded bag-in-container devices, associated components, and end products containing or using the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are bag-in-container systems, associated components, and end products that allow for pressurized gas to be introduced into the system while preventing contact between the gas and beverage (usually beer) within the container. Complainants Anheuser-Busch InBev S.A. and Anheuser-Busch LLC request that after this investigation the ITC issue a limited exclusion order, which would direct CBP 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. The respondents in this investigation are located in the Netherlands and the U.S.

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