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New IPR Infringement Probe of Snowmobiles

Tuesday, December 23, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-940 to determine whether imports of certain snowmobiles with engines having exhaust temperature-controlled engine technology and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are snowmobiles that allegedly use technology to improve engine performance by adjusting fuel injection and ignition timing based on exhaust temperature.

Complainant Arctic Cat Inc. requests 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 the infringing products from the named respondents 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 Canada and the U.S.

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