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IPR Enforcement Actions on Coaxial Cable Connectors, Outdoor Grills, Wireless Devices

Monday, December 08, 2014
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Investigation of Coaxial Cable Connectors. The International Trade Commission has instituted investigation 337-TA-938 to determine whether imports of certain coaxial cable connectors and components thereof and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are used to link coaxial cable between various electronic devices.

Complainant PPC Broadband Inc. requests 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 certain infringing products into the U.S., and cease and desist orders, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.

Import Restrictions Under Consideration for Outdoor Grills. In patent infringement investigation 337-TA-895, the International Trade Commission has determined to review in part a final initial determination that the importation, sale for importation and sale within the U.S. after importation of certain multiple mode outdoor grills and parts thereof is violating patents owned by A&J Manufacturing LLC and A&J Manufacturing Inc.

In connection with the final disposition of this investigation, the ITC may issue an order that could result in the exclusion of the subject articles from entry into the United States and/or one or more cease and desist orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles, including selling infringing imported articles out of U.S. inventory. Accordingly, the ITC is interested in receiving no later than Dec. 12 written submissions that address (1) the form of remedy, if any, that should be ordered; (2) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and (3) 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.

Import Restrictions Sought on Wireless Devices. The International Trade Commission received Nov. 24 on behalf of Pragmatus Mobile LLC a petition requesting that it institute a Section 337 investigation regarding certain wireless devices, including mobile phones and tablets. The proposed respondents are located in Taiwan and Singapore.

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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