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IPR Enforcement: LED Lighting Devices, Steel Products

Tuesday, November 07, 2017
Sandler, Travis & Rosenberg Trade Report

LED Lighting Devices. The International Trade Commission has instituted investigation 337-TA-1081 to determine whether imports of LED lighting devices, LED power supplies, and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants Philips Lighting North America Corp. and Philips Lighting Holding B.V. 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 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 China and the U.S.

Steel Products. In investigation 337-TA-1002 of carbon and alloy steel products the ITC has upheld a finding of no violation based on false designation of origin. Previously in this investigation complainant United States Steel Corporation withdrew its claim based on trade secret misappropriation and the presiding administrative law judge terminated the claim based on conspiracy to fix prices and control output and export volumes (a decision currently under ITC review).

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