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IPR Enforcement: Data Storage Tapes, Digital Cameras

Monday, November 19, 2018
Sandler, Travis & Rosenberg Trade Report

Data Storage Tapes. In patent infringement investigation 337-TA-1102 of magnetic data storage tapes and cartridges containing same, the International Trade Commission has terminated a proceeding to determine whether the limited exclusion order and cease and desist orders issued previously should be modified to exclude certain of the respondent’s redesigned tape products.

Digital Cameras. In investigation 337-TA-1059 of digital cameras, software, and components thereof, the ITC’s presiding administrative law judge has made a final initial determination that the importation, sale for importation, and sale in the U.S. after importation of these products are violating patents asserted by Carl Zeiss AG and ASML Netherlands B.V. The ITC is reviewing parts of this determination.

In addition, the ITC is inviting public comments by Nov. 26 on (a) the form of remedy, if any, that should be ordered if a violation is found, (b) 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 (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.

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