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IPR Enforcement: Mobile Electronic Devices, Insulation Materials

Wednesday, December 06, 2017
Sandler, Travis & Rosenberg Trade Report

Mobile Electronic Devices. The ITC received Nov. 30 on behalf of Qualcomm Incorporated a petition requesting that it institute a Section 337 investigation regarding certain mobile electronic devices and radio frequency and processing components thereof. The proposed respondent is located in 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.

The ITC is requesting comments no later than Dec. 14 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order as well as the cease and desist order requested by the complainant 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 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 requested orders would impact U.S. consumers.

Insulation Materials. In investigation 337-TA-1003 the ITC has determined to review in part a final initial determination that the importation, sale for importation, and sale within the U.S. after importation of certain composite aerogel insulation materials and methods for manufacturing the same are violating certain patent claims asserted by Aspen Aerogels Inc. The presiding administrative law judge has recommended that the ITC issue a limited exclusion order with a certification provision prohibiting the entry of certain composite aerogel insulation materials manufactured abroad by or on behalf of certain respondents.

The ITC is soliciting public comments through Dec. 15 on (1) the form of remedy, if any, that should be ordered; (2) 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 (3) the amount of the bond that should be imposed if a remedy is ordered.

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