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IPR Enforcement Actions on Consumer Electronics, Windshield Wipers

Friday, June 07, 2013
Sandler, Travis & Rosenberg Trade Report

Ban on Imports of Older iPhones, iPads. The International Trade Commission has reversed a determination by the presiding administrative law judge and determined that the importation of certain electronic devices, including wireless communication devices, portable music and data processing devices, and tablet computers, are violating a patent owned by Samsung. The ITC has therefore issued a limited exclusion order prohibiting respondent Apple Inc. from importing certain iPhones and iPads that infringe that patent along with a cease and desist order prohibiting the sale and distribution of those products within the U.S. These orders apply to the AT&T models of the following products: iPhone 4, iPhone 3GS, iPhone 3, iPad 3G and iPad 2 3G.

These orders could be overturned by President Obama, who now has 60 days to review them, or by a federal appeals court if Apple appeals the ITC’s decision.

New IPR Infringement Investigation of Windshield Wipers. The International Trade Commission has instituted investigation 337-TA-881 to determine whether imports of certain flat blade or beam blade windshield wipers for automotive vehicles with a detachable or releasable spoiler are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. Complainants Federal-Mogul Corporation and Federal-Mogul S.A. request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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 Mexico and the U.S.

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