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IPR Enforcement: Batteries, Graphics Processors, Water Filters, LED Lighting Devices

Wednesday, June 13, 2018
Sandler, Travis & Rosenberg Trade Report

Batteries. The International Trade Commission has terminated patent infringement investigation 337-TA-1087 of batteries and electrochemical devices containing composite separators, components thereof, and products containing same with respect to seven patent claims based on the withdrawal of the allegations pertaining to those claims by complainants LG Chem Ltd., LG Chem Michigan Inc., LG Chem Power Inc., and Toray Industries Inc.

Graphics Processors. The ITC has terminated patent infringement investigation 337-TA-1099 of graphics processors and products containing the same with respect to one patent because it will expire prior to the target date for completing the investigation.

Water Filters. The ITC received June 8 on behalf of Electrolux Home Products Inc. and KX Technologies LLC a petition requesting that it institute a Section 337 investigation regarding water filters and components thereof. 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 June 22 on any public interest issues raised by this complaint. Comments should address whether the issuance of the exclusion orders and 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.

LED Lighting Devices. The ITC has terminated patent infringement investigation 337-TA-1081 of LED lighting devices, LED power supplies, and components thereof with respect to one patent based on a partial withdrawal of the complaint by Phillips Lighting North America Corp. and Phillips Lighting Holding B.V.

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