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Import Restrictions Sought on Products Accused of IPR Infringement

Wednesday, February 06, 2019
Sandler, Travis & Rosenberg Trade Report

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

- botulinum toxin products, processes for manufacturing or relating to same, and certain products relating to same (complainants Medytox Inc., Allergan plc, and Allergan Inc.; proposed respondents located in Korea and the U.S.; comments on public interest issues due by Feb. 13)

- taurine (2-aminoethanesulfonic acid), methods of production and processes for making same, and products containing same (complainants Vitaworks IP LLC, Vitaworks LLC, and Dr. Songzhou Hu; proposed respondents located in England, China, and the U.S.; comments on public interest issues due by Feb. 13)

- integrated circuits and products containing same (complainant Tela Innovations Inc.; proposed respondents located in Taiwan, China, and the U.S.; comments on public interest issues due by Feb. 12)

- blood separation and cell preparation devices (complainant RegenLab USA LLC; proposed respondents located in Israel and the U.S.; comments on public interest issues due by Feb. 15)

- dental and orthodontic scanners and software (complainant Align Technology Inc.; proposed respondents located in Denmark and the U.S.; comments on public interest issues due by Feb. 12)

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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