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IPR Enforcement: Flavor Modifiers, Dermatological Treatment Devices, Steel

Tuesday, April 10, 2018
Sandler, Travis & Rosenberg Trade Report

Flavor Modifiers. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-1085 of glucosylated steviol glycosides and products containing same. This termination is based on a settlement between complainants PureCircle USA Inc. and PureCircle Sdh Bhd and the respondents.

Dermatological Treatment Devices. The ITC received April 9 on behalf of Syneron Medical Ltd., Candela Corporation, and Massachusetts General Hospital a petition requesting that it institute a Section 337 investigation regarding radio frequency micro-needle dermatological treatment devices and components thereof. The proposed respondents are located in Israel, Korea, 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 no later than April 19 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 complainants 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 complainants, their licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainants, their 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.

Carbon and Alloy Steel Products. The ITC has terminated in its entirety investigation 337-TA-1002 of carbon and alloy steel products from China. The complainant had alleged section 337 violations with respect to (a) a conspiracy to fix prices and control output and export volumes, (b) misappropriation and use of trade secrets, and (3) false designation of origin or manufacturer.

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