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IPR Enforcement: Arrowheads, Access Control Systems

Wednesday, December 27, 2017
Sandler, Travis & Rosenberg Trade Report

Arrowheads. In investigation 337-TA-1033, the International Trade Commission’s presiding administrative law judge has found that the importation, sale for importation, and sale within the U.S. after importation of arrowheads with arcuate blades and components thereof are violating patent claims asserted by Flying Arrow Archery LLC. The ITC is now seeking public comments by Jan. 4 on (a) the form of remedy, if any, that should be ordered, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or similar articles, and U.S. consumers, and (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

Access Control Systems. In investigation 337-TA-1016 of access control systems and components thereof, the ITC’s presiding ALJ has found that the importation, sale for importation, and sale within the U.S. after importation of access control systems and components thereof are violating patents asserted by The Chamberlain Group Inc. The ALJ has recommended that the ITC issue a limited exclusion order prohibiting the importation of infringing goods as well as cease and desist orders based on the presence of commercially significant inventory in the U.S.

The ITC is seeking public comments by Jan. 5 on (a) the form of remedy, if any, that should be ordered, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of like or similar articles, and U.S. consumers, and (c) the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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