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IPR Enforcement: Beverage Brewing Capsules, RFID Products

Thursday, June 29, 2017
Sandler, Travis & Rosenberg Trade Report

Beverage Brewing Capsules. In patent infringement investigation 337-TA-929 of beverage brewing capsules, components thereof, and products containing the same, the International Trade Commission has rejected allegations by complainant Adrian Rivera Maynez Enterprises Inc. that two respondents were violating the limited exclusion order and cease and desist order issued in March 2016. However, the ITC has also denied the respondents’ petition to rescind those orders based on a lack of a domestic industry.

RFID Products. In patent infringement investigation 337-TA-979 of radio frequency identification products and components thereof, the presiding administrative law judge has recommended the issuance of a limited exclusion order with a certification provision directed against certain infringing goods. The ITC is seeking comments through July 28 on whether an LEO would affect U.S. public health and welfare, 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 recommended order are used in the U.S.;

- identify any public health, safety, or welfare concerns in the U.S. relating to the recommended order;

- indicate the extent to which like or directly competitive articles are produced in the U.S. or are otherwise available in the U.S.;

- indicate whether the complainant, its licensees, and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the recommended order within a commercially reasonable time; and

- explain how the recommended order would impact consumers in the U.S.

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