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IPR Enforcement: Woven Fabrics, Network Devices, Medical Devices

Tuesday, December 27, 2016
Sandler, Travis & Rosenberg Trade Report

Woven Fabrics. In patent infringement and false advertising investigation 337-TA-976 of certain woven textile fabrics and products containing the same, the presiding administrative law judge has recommended the issuance of a general exclusion order or, in the alternative, a limited exclusion order. The ALJ has also recommended that bond be set at 100 percent of the entered value of the falsely advertised products. The International Trade Commission is inviting comments no later than Jan. 6 (reply submissions are due by Jan. 13) on remedy, the public interest, and bonding, including how the proposed remedy would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.

Network Devices. In patent infringement investigation 337-TA-945 of certain network devices, related software and components thereof, the presiding ALJ has recommended the issuance of a limited exclusion order against infringing goods imported by and a cease and desist order directed to one respondent. The ITC is inviting comments no later than Jan. 17 on how the proposed remedy would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers.

In particular, the ITC is interested in comments that:

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

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

- 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 requested orders within a commercially reasonable time; and

- explain how the recommended orders would impact U.S. consumers.

Medical Devices. In patent, copyright, trademark, and trade dress rights infringement investigation 337-TA-1008 of carbon spine board, cervical collar, CPR masks, and various medical training manikin devices, as well as trademarks and copyrights of product catalogues, product inserts, and components thereof, the ITC is requesting written submissions no later than Jan. 5 on remedy, the public interest, and bonding. Specifically, the ITC is interested in comments on (a) the form of remedy, if any, that should be ordered, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers, and (c) the amount of the bond under which infringing articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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