News
Print PDF

Practice Areas

IPR Enforcement: Electronic Devices, Air Mattress Systems, Graphics Systems

Wednesday, January 25, 2017
Sandler, Travis & Rosenberg Trade Report

Electronic Devices. The International Trade Commission has instituted investigation 337-TA-1038 to determine whether imports of electronic devices, including mobile phones, tablet computers, and components thereof, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainant Nokia Technologies Oy requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.

Air Mattress Systems. In patent infringement investigation 337-TA-971 of air mattress systems, components thereof, and methods of using the same, the ITC has determined to review in part the presiding administrative law judge’s final initial determination that the importation, sale for importation, and sale within the U.S. after importation of subject goods are not violating patents asserted by Select Comfort Corporation and Select Comfort SC Corporation.

The ALJ has recommended that if the ITC does find a Section 337 violation it should issue a limited exclusion order prohibiting the importation of the respondents’ air controllers and air mattress systems found to infringe the asserted patents. The ALJ also recommended the inclusion of a provision for one patent whereby respondents certify that certain imports are not covered by the LEO because they contain components for use in non-infringing products.

The ITC is accepting comments through Feb. 6 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 those that are subject to investigation, and U.S. consumers; 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.

Graphics Systems. The ITC received Jan. 24 on behalf of Advanced Micro Devices Inc. and ATI Technologies ULC a petition requesting that it institute a Section 337 investigation regarding graphics systems, components thereof, and consumer products containing the same. The proposed respondents are located in Korea, Taiwan, 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.

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

Customs & International Headlines