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IPR Enforcement: Vitamins, UV Coatings, Hand Dryers

Monday, November 07, 2016
Sandler, Travis & Rosenberg Trade Report

Food Supplements and Vitamins. The ITC has instituted investigation 337-TA-1027 to determine whether imports of food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue may be used by individuals with certain ocular disorders, including age-related macular degeneration, hyperopia, presbyopia, or astigmatism.

Complainants Kemin Industries Inc. and Kemin Foods L.C. request 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 India and the U.S.

UV Coatings. The ITC is requesting comments no later than Nov. 14 on any public interest issues raised by a complaint filed on behalf of DSM Desotech Inc. and DSM IP Assets B.V. alleging that the importation, sale for importation, and sale within the U.S. after importation of UV curable coatings for optical fibers, coated optical fibers, and products containing same are violating Section 337 of the 1930 Tariff Act. 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.

Hand Dryers. The ITC has terminated trade dress infringement investigation 337-TA-1015 of hand dryers and housings for hand dryers as to one respondent on the basis of a consent order with complainant Excel Dryer Inc.

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