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IPR Enforcement: LED Lighting, Gaming Consoles, Oligosaccharides

Friday, April 06, 2018
Sandler, Travis & Rosenberg Trade Report

LED Lighting Devices. The International Trade Commission has instituted investigation 337-TA-1107 to determine whether imports of LED lighting devices and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are commercial LED lighting fixtures containing color-mixing zoom optics.

Complainant Fraen Corporation requests that after this investigation the ITC issue an 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.

New Complaints. The ITC received April 2 petitions requesting that it institute separate Section 337 investigations of the following.

- human milk oligosaccharides and methods of producing the same (complainant Glycosyn LLC; proposed respondents located in Germany and the U.S.)

- portable gaming console systems with attachable handheld controllers and components thereof (complainant Gamevice Inc.; proposed respondents located in Japan 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 ITC is requesting comments no later than April 16 on any public interest issues raised by these complaints. Comments should address whether the issuance of the limited exclusion orders and cease and desist orders requested by the complainants 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 complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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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