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IPR Enforcement: Jump Rope Systems, Microfluidic Systems

Friday, February 16, 2018
Sandler, Travis & Rosenberg Trade Report

Jump Rope Systems. The International Trade Commission received Feb. 13 on behalf of Jump Rope Systems LLC a petition requesting that it institute a Section 337 investigation regarding jump rope systems products. The proposed respondent is located in China.

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 Feb. 27 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 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.

Microfluidic Systems. The ITC has instituted investigation 337-TA-1100 to determine whether imports of microfluidic systems and components thereof and products containing same are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue include microfluidic cartridges, reagents, and devices for preparing samples for sequencing.

Complainant 10X Genomics Inc. requests 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 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 respondent in this investigation is located in the U.S.

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