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IPR Enforcement: Flash Memory Devices, Document Cameras

Monday, January 09, 2017
Sandler, Travis & Rosenberg Trade Report

Flash Memory Devices. The International Trade Commission has instituted investigation 337-TA-1034 to determine whether imports of flash memory devices and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are SD cards and microSD cards for use in cameras and other electronic devices.

Complainant Memory Technologies LLC 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 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 China, Japan, Malaysia, and the U.S.

Document Cameras. In patent infringement investigation 337-TA-967 of document cameras and software for use therewith, the ITC has rescinded the limited exclusion order and cease and desist order it had imposed against the last remaining respondent based on a settlement with complainant Pathway Innovations & Technologies Inc.

The LEO had prohibited the unlicensed entry of certain document cameras and software for use therewith that are manufactured abroad or imported by or on behalf of the respondent, which had been found in default, and that infringe one or more of specified patent claims asserted by Pathway. The cease and desist order prohibited the respondent from importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for such infringing goods.

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