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IPR Enforcement Actions on Dental Implants, Non-Volatile Memory Devices

Friday, October 24, 2014
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Investigation of Dental Implants. The International Trade Commission has instituted investigation 337-TA-934 to determine whether imports of certain dental implants are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are high-grade titanium dental implants capable of supporting a dental prosthesis, such as a crown, that are surgically placed into a patient’s jawbone and designed to integrate within the patient’s bone structure.

Complainants Nobel Biocare Services AG and Nobel Biocare USA LLC request 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 Brazil and the U.S.

Probe of Non-Volatile Memory Devices Expanded. The ITC has granted a motion by complainants Macronix International Co. Ltd. and Macronix America Inc. to add allegations of infringement of two additional patent claims to investigation 337-TA-922 of certain devices containing non-volatile memory and products containing the same.

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