News
Print PDF

Practice Areas

IPR Enforcement: Height-Adjustable Desks, Beverage Containers, Nicotine Delivery Systems

Monday, October 08, 2018
Sandler, Travis & Rosenberg Trade Report

Height-Adjustable Desks. The International Trade Commission has terminated patent infringement investigation 337-TA-1125 of height-adjustable desk platforms and components thereof with respect to (a) one respondent based on a settlement with complainant Varidesk LLC and (b) another respondent based on a consent order with Varidesk.

Beverage Containers. In patent and trademark infringement investigation 337-TA-1092 of self-anchoring beverage containers the ITC has determined to review in part an initial determination that the defaulting respondents have violated section 337. The ITC is also requesting by Oct. 22 public comments on (a) the form of remedy, if any, that should be ordered, (b) the effects of any such remedy on 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.

Nicotine Delivery Systems. The ITC received Oct. 3 on behalf of Juul Labs Inc. a petition requesting that it institute a Section 337 investigation regarding electronic nicotine delivery systems and components thereof. The proposed respondents are located in France, Uruguay, China, and the U.S.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks, and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted.

The ITC is requesting comments no later than Oct. 17 on any public interest issues raised by this complaint. Comments should address whether the issuance of the limited exclusion order and cease and desist orders 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.

Graphics Systems. In patent infringement investigation 337-TA-1044 of graphics systems, components thereof, and consumer products containing the same, the ITC has determined to modify a limited exclusion order and rescind a cease and desist order, both with respect to one respondent, based on a settlement agreement with complainants Advanced Micro Devices Inc. and ATI Technologies ULC.

To get news like this in your inbox daily, subscribe to the Sandler, Travis & Rosenberg Trade Report.

Customs & International Headlines