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IPR Enforcement: Intravascular Sets, Pumping Bras

Tuesday, April 11, 2017
Sandler, Travis & Rosenberg Trade Report

Intravascular Sets. The International Trade Commission has instituted investigation 337-TA-1048 to determine whether imports of intravascular administration sets and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants Curlin Medical Inc., ZEVEX Inc., and Moog Inc. 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 a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in China.

Pumping Bras. In investigation 337-TA-988, the ITC has determined that the importation, sale for importation, and sale within the U.S. after importation of pumping bras are violating patents asserted by Simple Wishes LLC. Further, the ITC has determined that the appropriate remedy is a general exclusion order prohibiting the unlicensed entry of pumping bras that infringe the asserted patents and that infringing goods may continue to enter the U.S. during the 60-day presidential review period under a bond in the amount of 100 percent of the entered value of the goods subject to the GEO.

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