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IPR Enforcement Actions on Electronic Products, Protective Cases

Tuesday, March 17, 2015
Sandler, Travis & Rosenberg Trade Report

Laptops, Servers, Speakers, Headsets, Etc. The International Trade Commission has instituted investigation 337-TA-950 to determine whether imports of certain electronic products, including products with near field communication system-level functionality and/or battery power-up functionality, components thereof and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue include laptops, tablets, servers, printers, portable speakers and wireless headsets.

Complainants NXP B.V. and NXP Semiconductors USA Inc. request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of certain infringing products into the U.S., and a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.

Protective Cases for Electronic Devices. The ITC received March 11 on behalf of Otter Products LLC a petition requesting that it institute a Section 337 investigation regarding certain protective cases for electronic devices and components thereof. The proposed respondents are located in the United Kingdom and the U.S.

The ITC is requesting comments no later than March 25 on any public interest issues raised by this complaint. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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.

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