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IPR Import Restrictions Sought on Bar Code Readers

Wednesday, May 24, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received May 23 on behalf of Honeywell International Inc., Hand Held Products Inc. dba Honeywell Scanning and Mobility, and Metrologic Instruments Inc. a petition requesting that it institute a Section 337 investigation regarding bar code readers, scan engines, products containing the same, and components thereof. The proposed respondents are located in Singapore 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 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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