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IPR Enforcement: Control System Software, Self-Balancing Vehicles, Computing Systems, Bras

Thursday, August 11, 2016
Sandler, Travis & Rosenberg Trade Report

Industrial Control System Software. The International Trade Commission is requesting comments no later than Aug. 19 on any public interest issues raised by a complaint filed on behalf of Rockwell Automation Inc. alleging that the importation, sale for importation and sale within the U.S. after importation of industrial control system software, systems using same and components thereof are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and cease and desist order requested by the complainant 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 complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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.

Self-Balancing Vehicles. The ITC has terminated investigation 337-TA-1000 of motorized self-balancing vehicles as to two respondents based on a consent order between them and complainants Razor USA LLC, Inventist Inc. and Shane Chen. The complainants have alleged patent infringement, false advertising, misrepresentation and unfair competition.

Computing or Graphics Systems. The ITC has terminated patent infringement investigation 337-TA-984 of computing or graphics systems, components thereof and vehicles containing same with respect to all respondents as to certain patent claims asserted by complainant Advanced Silicon Technologies LLC.

Pumping Bras. The ITC has terminated patent infringement investigation 337-TA-988 of pumping bras with respect to one respondent based on complainant Simple Wishes LLC’s withdrawal of its complaint as to that respondent.

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