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IPR Enforcement: Digital Video Receivers, Periodontal Lasers

Monday, August 14, 2017
Sandler, Travis & Rosenberg Trade Report

Digital Video Receivers. In investigation 337-TA-1001 of digital video receivers and hardware and software components thereof the International Trade Commission’s presiding administrative law judge has determined that the importation, sale for importation, and sale within the U.S. after importation of these goods are violating certain patent claims asserted by complainants Rovi Corporation and Rovi Guides Inc. The ALJ has also recommended that the ITC issue a limited exclusion order directed to the accused products and issue cease and desist orders to the respondents.

The ITC is now requesting no later than Aug. 24 comments on (1) the form of remedy, if any, that should be ordered; (2) the effect 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 the subject goods, and U.S. consumers (including whether any remedy should be tailored to mitigate any harm considered by these public interest factors); and (3) 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.

Periodontal Laser Devices. The ITC received Aug. 10 on behalf of Millennium Dental Technologies Inc. a petition requesting that it institute a Section 337 investigation regarding periodontal laser devices, components thereof, and advertisements and claims regarding the same. The proposed respondents are located in Slovenia 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 primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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