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IPR Enforcement Actions on Ink Cartridges, Breathing Treatment Systems, Storage Tapes

Wednesday, December 31, 2014
Sandler, Travis & Rosenberg Trade Report

Ink Cartridges. The International Trade Commission is requesting comments no later than Jan. 7 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed against certain ink cartridges and components thereof. Comments should address whether the issuance of a general or limited exclusion order and/or cease and desist orders pursuant to this complaint 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 orders are used in the U.S.;

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

- identify like or directly competitive articles that the complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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 requested orders would impact U.S. consumers.

Breathing Treatment Systems. In investigation 337-TA-890, the ITC has issued a limited exclusion order prohibiting the unlicensed entry of certain sleep-disordered breathing systems and components thereof that are imported or manufactured by or on behalf of BMC Medical Co. Ltd., 3B Medical Inc. or 3B Products L.L.C. that infringe specified patents owned by ResMed Corporation, ResMed Incorporated and ResMed Limited. The bond under which infringing articles may enter the U.S. during the 60-day period the president has to review this remedy is 65 percent of the entered value of the imported subject articles. This investigation is now terminated.

Magnetic Data Storage Tapes. The ITC has amended investigation 337-TA-931 involving certain formatted magnetic data storage tapes and cartridges containing the same by adding two U.S. respondents to the proceeding. 

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