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New IPR Probe of Dental Ceramics Could Lead to Import Restrictions

Friday, April 21, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-1050 to determine whether imports of dental ceramics, products thereof, and methods of making the same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are dental ceramics that have certain desirable properties; e.g., easy fabrication and shaping of dental restorations, high strength and durability, and a more natural tooth-like appearance.

Complainants Ivoclar Vivadent AG, Ivoclar Vivident Inc., and Ardent Inc. 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 Japan and the U.S.

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