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Denim Garments, LED Products Subject of IPR Enforcement Actions

Friday, February 13, 2015
Sandler, Travis & Rosenberg Trade Report

Denim Garments. The International Trade Commission has agreed to add new respondents to investigation 337-TA-930, in which it is reviewing whether imports of certain laser-abraded denim garments are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are denim garments, including jeans and leggings, that have been abraded with a laser to apply designs or to simulate wear.

The original complaint by RevoLaze LLC and TechnoLines LLC alleged the infringement of 71 claims of six U.S. patents, and the notice of institution of the ITC’s investigation named 20 respondents. At RevoLaze’s request, the ITC is now adding certain third-party suppliers of the existing respondents located in Hong Kong, Italy, Guatemala, Turkey, Mexico and the U.S. In light of these additions, the ITC is extending the target date for completing this investigation from Feb. 23 to June 23.

The ITC launched this investigation last fall despite being urged not to by the American Apparel and Footwear Association, the National Retail Federation, the Retail Industry Leaders Association and the U.S. Fashion Industry Association, which asserted that granting the relief requested (a general or limited exclusion order and cease and desist orders) would have an adverse effect on the public interest.

LED Products. The ITC has instituted investigation 337-TA-947 to determine whether imports of certain light-emitting diode products and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement and false advertising. The products at issue are LED products, such as LED bulbs, and other LED products and components of those products, including LED chips and chip packages.

Complainant Cree Inc. requests that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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, Taiwan and the U.S.

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