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IPR Enforcement: Order Issued; Investigations Initiated, Terminated, Narrowed

Tuesday, January 23, 2018
Sandler, Travis & Rosenberg Trade Report

Mirrors. In patent infringement investigation 337-TA-1055 of mirrors with internal illumination and components thereof, the International Trade Commission has issued (a) a limited exclusion order prohibiting the unlicensed entry of infringing goods that are manufactured abroad or imported by or on behalf of the defaulting respondent or any of its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or their successors or assigns, and (b) a cease and desist order prohibiting this respondent from conducting any of the following activities in the U.S.: importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for infringing goods. The ITC has also determined that a bond of 100 percent of the entered value is required to permit infringing goods to continue to enter the U.S. during the 60-day period the president has to review this remedy.

Initiations. The ITC has instituted investigations to determine whether the following products are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

- solid state storage drives, stacked electronics components, and products containing same (investigation 337-TA-1097, complainant BiTMICRO LLC, respondents located in Korea, China, Taiwan, Japan, and the U.S.)

- subsea telecommunications systems and components thereof (investigation 337-TA-1098, complainants Neptune Subsea Acquisitions Ltd. and Neptune Subsea IP Ltd., respondents located in Finland, the Netherlands, France, Japan, and the U.S.)

In each case the complainant(s) request that after the investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection 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.

Terminations. The ITC has terminated its IPR infringement investigations of the following products without the imposition of import restrictions for the reasons indicated.

- digital cable and satellite products, set-top boxes, gateways, and components thereof (license agreement between respondents and complainants Sony Corporation and Sony Electronics Inc.)

- periodontal laser devices and components thereof (withdrawal of complaint by Millennium Dental Technologies Inc.

- personal computers, mobile devices, digital media players, and microconsoles (settlement agreement between respondents and complainants Aqua Connect Inc. and Strategic Technology Partners LLC)

Digital Cameras. The ITC has terminated patent infringement investigation 337-TA-1059 of digital cameras, software, and components thereof with respect to one respondent.

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