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IPR Enforcement: Infusion Systems, LED Displays, Microfluidic Devices

Thursday, March 29, 2018
Sandler, Travis & Rosenberg Trade Report

New Petitions. The International Trade Commission received March 27 petitions requesting that it institute separate Section 337 investigations of the following products.

- strontium-rubidium radioisotope infusion systems and components thereof, including generators (complainant Bracco Diagnostics Inc.; proposed respondents located in Canada, Singapore, and India)

- modular LED display panels (complainant Ultravision Technologies LLC; proposed respondents located in China, Belgium, the United Kingdom, Hong Kong, France, Japan, 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 6 on any public interest issues raised by these complaints. Comments should address whether the issuance of the exclusion orders 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.

Microfluidic Devices. The ITC has terminated patent infringement investigation 337-TA-1068 of microfluidic devices with respect to certain patent claims asserted by complainants Bio-Rad Laboratories Inc. and Lawrence Livermore National Security LLC.

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