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IPR Enforcement Actions on Earpiece Devices, TV Sets/Receivers/Tuners

Saturday, March 01, 2014
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Petition on Earpiece Devices. The International Trade Commission received Feb. 26 on behalf of Bose Corporation a petition requesting that it institute a Section 337 investigation regarding certain earpiece devices having positioning and retaining structure and products containing same. The proposed respondents are located in Ireland 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.

New IPR Infringement Investigation of TV Sets, Receivers, Tuners. The International Trade Commission has instituted investigation 337-TA-910 to determine whether imports of certain televisions and the integrated circuit tuners and receivers included in them are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. Complainant Cresta Technology Corporation requests that after this investigation the ITC issue limited exclusion orders, 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 Korea, Japan and the U.S.

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