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IPR Enforcement: Intraoral Scanners, Insulated Beverage Containers

Tuesday, November 21, 2017
Sandler, Travis & Rosenberg Trade Report

Intraoral Scanners. The ITC received Nov. 14 on behalf of Align Technology Inc. a petition requesting that it institute a Section 337 investigation regarding color intraoral scanners and related hardware and software. The proposed respondents are located in Denmark 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 ITC is requesting comments no later than Nov. 28 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order and cease and desist orders 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.

Insulated Beverage Containers. The ITC has instituted investigation 337-TA-1084 to determine whether imports of insulated beverage containers, components, labels, and packaging materials thereof are violating Section 337 of the 1930 Tariff Act by reason of patent, trademark, and copyright infringement, false advertising, and passing off.

Complainant YETI Coolers LLC 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 cease and desist orders, 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 Hong Kong, China, and the U.S.

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