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IPR Enforcement: Document Cameras, Load Supporting Systems

Tuesday, December 19, 2017
Sandler, Travis & Rosenberg Trade Report

Document Cameras. Based on Pathway Innovations and Technologies Inc.’s withdrawal of its complaint, the International Trade Commission has terminated patent infringement investigation 337-TA-1045 of document cameras and software for use therewith without the imposition of import restrictions.

Load Supporting Systems. The ITC received Dec. 15 on behalf of Newpark Mats & Integrated Services LLC a petition requesting that it institute a Section 337 investigation regarding load supporting systems, including composite mat systems, and components thereof. The proposed respondents are located in the United Kingdom 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 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.

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