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IPR Enforcement: ATMs, Mobile Device Holders, Personal Transporters

Wednesday, May 17, 2017
Sandler, Travis & Rosenberg Trade Report

ATMs. In investigation 337-TA-989 the International Trade Commission 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 automated teller machines, ATM modules, components thereof, and products containing same are violating patent claims asserted by Nautilus Hyosung Inc. and Nautilus Hyosung America Inc.

The presiding administrative law judge has recommended that the ITC issue a limited exclusion order prohibiting imports of infringing items as well as cease and desist orders. The ALJ also recommends that the ITC allow imports of infringing goods without bond during the 60-day period the president has to review any ITC-ordered remedy.

The ITC is soliciting public comments through May 25 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.

Mobile Device Holders. The ITC has terminated patent infringement investigation 337-TA-1028 of mobile device holders and components thereof with respect to one respondent based on a consent order and settlement agreement with complainant Nite Ize Inc.

Personal Transporters. The ITC has terminated patent infringement investigations 337-TA-1007 and -1021 of personal transporters and components thereof with respect to one respondent.

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