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IPR Enforcement Actions on Linear Actuators, SRAMs

Thursday, May 02, 2013
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Investigation of Linear Actuators. The International Trade Commission has instituted investigation 337-TA-880 to determine whether imports of certain linear actuators used in seating and reclining furniture to power operation of a footrest are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. Complainants Okin America Inc. and Dewert Okin GmbH request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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 China and the U.S.

Review of No Violation Determination on SRAMs. In investigation 337-TA-792 of certain static random access memories and products containing same, the International Trade Commission has determined to review in part a final initial determination that the importation, sale for importation and sale within the U.S. after importation of the subject goods are not infringing patents owned by Cypress Semiconductor Corporation. The presiding administrative law judge also found that Cypress failed to establish the existence of a domestic industry that practices the asserted patents.

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