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IPR Enforcement Actions on TV Guides, Integrated Circuit Devices

Tuesday, June 11, 2013
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Petition on TV Guides. The International Trade Commission received June 7 on behalf of E.T. Radcliffe LLC and Emir Tiar a petition requesting that it institute a Section 337 investigation regarding certain TV programs, literary works for TV production and episode guides. The proposed respondents are located in Canada 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 primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering theU.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 ofU.S.inventory.

Import Restrictions Considered on Integrated Circuit Devices. In patent infringement investigation 337-TA-501 of certain encapsulated integrated circuit devices and products containing same, the International Trade Commission is requesting briefing on the economic prong of the domestic industry requirement as well as on the issues of remedy, the public interest and bonding. Specifically, the ITC is accepting through June 19 comments on the form of remedy, if any, that should be ordered (i.e., an exclusion order and/or one or more cease and desist orders); 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 (including whether there are products comparable to the subject articles that are non-infringing products in the U.S. market), and U.S. consumers; and the amount of the bond under which the subject articles could enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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