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IPR Enforcement: Hand Dryers, Wireless Devices, Batteries

Wednesday, November 01, 2017
Sandler, Travis & Rosenberg Trade Report

Hand Dryers. In trade dress investigation 337-TA-1015, the International Trade Commission has determined to issue a general exclusion order against infringing hand dryers and housings for hand dryers as well as cease and desist orders prohibiting three respondents from importing, selling, offering for sale, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors of infringing imported hand dryers. The ITC has also determined that infringing goods may continue to enter the U.S. during the 60-day presidential review period under a 100 percent bond.

Wireless Communication Devices. The ITC has terminated without the imposition of import restrictions patent infringement investigation 337-TA-1051 of LTE wireless communication devices and components thereof. This termination follows a settlement agreement between complainants LG Electronics Inc., LG Electronics Alabama Inc., and LG Electronics MobileComm U.S.A. Inc. and the respondents, which are located in the U.S.

Batteries. The ITC received Oct. 25 on behalf of LG Chem Ltd., LG Chem Michigan Inc., LG Chem Power Inc., and Toray Industries Inc. a petition requesting that it institute a Section 337 investigation regarding batteries and electrochemical devices containing composite separators, components thereof, and products containing same. The proposed respondents are located in Hong Kong, China, 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 Nov. 9 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.

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