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IPR Enforcement: RFID Products, Glycosides, Semiconductor Devices

Thursday, October 26, 2017
Sandler, Travis & Rosenberg Trade Report

RFID Products. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-979 of radio frequency identification products and components thereof. The ITC found no violation of section 337 because the remaining patent claims asserted by Neology Inc. are invalid on multiple grounds.

Glycosides. The ITC received Oct. 20 on behalf of PureCircle USA Inc. and PureCircle Sdn Bhd a petition requesting that it institute a Section 337 investigation regarding glucosylated steviol glycosides. The proposed respondents are located in China 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 Nov. 3 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order and/or 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.

Semiconductor Devices. The ITC has terminated patent infringement investigation 337-TA-1047 of semiconductor devices and consumer audiovisual products containing the same with respect to two entire patents and certain claims from two additional patents based on Broadcom Corporation’s withdrawal of its complaint with respect to those claims.

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