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IPR Enforcement: Memory Devices, Electric Motors, Insulated Beverage Containers

Monday, May 14, 2018
Sandler, Travis & Rosenberg Trade Report

Memory Devices. In investigation 337-TA-1046 of non-volatile memory devices and products containing same, the International Trade Commission’s presiding administrative law judge has recommended the issuance of a limited exclusion order against respondents in Japan, the Philippines, and the U.S. and cease and desist orders against the domestic respondents. The ITC is accepting comments no later than June 5 on whether the issuance of these orders 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.

Electric Motors. The ITC has terminated patent infringement investigation 337-TA-1073 of thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same with respect to two patents asserted by complainant Intellectual Ventures II LLC.

Insulated Beverage Containers. The ITC has terminated investigation 337-TA-1084 of insulated beverage containers, components, labels, and packaging materials thereof with respect to two respondents based on settlement agreements with complainant YETI Coolers LLC. The ITC has also granted the withdrawal of certain patents against various respondents.

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