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New IPR Import Restrictions Sought on Aerogel Insulation Materials, Mobile Electronic Devices

Tuesday, May 10, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received petitions requesting that it institute separate Section 337 investigation regarding the following products.

- composite aerogel insulation materials and methods for manufacturing the same (filed on behalf of Aspen Aerogels Inc.; respondents located in China)

- mobile and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof (filed on behalf of Immersion Corporation; respondents located in 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 primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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