IPR Enforcement Actions on Earpiece Devices, Compact Fluorescent Bulbs
Potential IPR Probe on Earpiece Devices Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than March 12 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of Bose Corporation against certain earpiece devices having positioning and retaining structure and components thereof. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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.
Penalties Considered for Violation of Consent Order on Compact Fluorescent Bulbs. The International Trade Commission will review in part an initial determination that a consent order in patent infringement investigation 337-TA-830 of certain dimmable compact fluorescent bulbs and products containing same has been violated. The parties to this proceeding, including complainants Andrzej Bobel and Neptun Light Inc., are being asked to provide briefing on a number of technical questions involving the products at issue. The ITC is also soliciting no later than March 10 written submissions on the amount of civil penalties that should to be imposed for the violations.