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IPR Enforcement: UV Curable Coatings, Robotic Vacuums

Tuesday, February 20, 2018
Sandler, Travis & Rosenberg Trade Report

UV Curable Coatings. In patent infringement investigation 337-TA-1031, the International Trade Commission’s presiding administrative law judge has recommended the issuance of a limited exclusion order against UV curable coatings for optical fibers imported by one respondent and, if a section 337 violation is found for another respondent, the issuance of an LEO and a cease and desist order against that respondent.

The ITC is seeking public comments by March 22 on any public interest issues raised by the proposed relief. Comments should address whether the issuance of the requested orders 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 complainant, its licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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.

Robotic Vacuums. The ITC has terminated patent infringement investigation 337-TA-1057 of robotic vacuum cleaning devices and components thereof, such as spare parts, with respect to all accused products from two respondents based on a settlement agreement with complainant iRobot Corporation.

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