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IPR Enforcement: Height-Adjustable Desks, Gas Spring Nailers, Beverage Containers

Tuesday, June 26, 2018
Sandler, Travis & Rosenberg Trade Report

Height-Adjustable Desks. The International Trade Commission received June 22 on behalf of Varidesk LLC a petition requesting that it institute a Section 337 investigation regarding height-adjustable desk platforms and components thereof. The proposed respondents are located in 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 July 5 on any public interest issues raised by this complaint. Comments should address whether the issuance of the exclusion orders and cease and desist orders requested by the complainant 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 complainant, its licensees, or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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.

Gas Spring Nailers. The ITC has terminated patent infringement investigation 337-TA-1082 of gas spring nailer products and components thereof with respect to one patent based on complainant Kyocera Senco Brands Inc.’s withdrawal of its allegations pertaining to that patent.

Beverage Containers. The ITC has terminated patent and trademark infringement investigation 337-TA-1092 of self-anchoring beverage containers with respect to one trademark and one patent after complainants Alfay Designs Inc., Mighty Mug Inc., and Harry Zimmerman withdrew their claims.

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