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New IPR Import Restrictions Sought on Magnetic Tape Cartridges, Digital Cameras

Tuesday, May 02, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received April 28 separate petitions requesting that it institute Section 337 investigations regarding the following products.

- magnetic tape cartridges and components thereof (complainants Sony Corporation, Sony Storage Media Solutions Corporation, Sony Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony Latin America Inc.; respondents located in Japan and the U.S.)

- digital cameras, software, and components thereof (complainants Carl Zeiss AG and ASML Netherlands B.V.; respondents located in Japan, Thailand, China, Indonesia, 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 primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

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