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IPR Enforcement: Breathing Treatment Systems, Fabrics, Cameras, Headsets, ATMs

Tuesday, May 17, 2016
Sandler, Travis & Rosenberg Trade Report

Breathing Treatment Systems. The International Trade Commission has instituted investigation 337-TA-997 to determine whether imports of medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants ResMed Corp., ResMed Inc.  and ResMed Ltd. request that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in China and the U.S.

Separately, the ITC has determined to suspend the limited exclusion order and cease and desist orders it issued in patent infringement investigation 337-TA-890 of the same products pending the outcome of a remand decision.

Woven Textile Fabrics. The ITC has terminated patent infringement investigation 337-TA-976 of woven textile fabrics and products containing same with respect to two respondents on the basis of settlement agreement and consent orders with complainant AAVN Inc.

Document Cameras. The ITC has terminated patent infringement investigation 337-TA-967 of document cameras and software for use therewith with respect to the last remaining respondent on the basis of a settlement agreement with complainant Pathway Innovations & Technologies Inc.

With respect to one respondent previously found to be in default, the ITC is requesting comments no later than May 23 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 article that are like or directly competitive with those that are subject to investigation, 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.

Wireless Headsets. The ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-943 of wireless headsets after affirming a summary determination of patent invalidity due to indefiniteness.

ATMs. The ITC has terminated patent infringement investigation 337-TA-972 of automated teller machines, ATM modules, components thereof and products containing the same with respect to two patents based on complainant Diebold Self-Service Inc.’s withdrawal of those claims.

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