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IPR Enforcement Actions on Memory Modules, Integrated Circuits, Electronic Devices

Thursday, September 08, 2016
Sandler, Travis & Rosenberg Trade Report

Memory Modules. The International Trade Commission is requesting comments no later than Sept. 16 on any public interest issues raised by a complaint filed on behalf of Netlist Inc. alleging that the importation, sale for importation, and sale within the U.S. after importation of memory modules and components thereof and products containing same are violating Section 337 of the 1930 Tariff Act. Comments should address whether the issuance of the limited exclusion order and/or cease and desist order 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.

Integrated Circuits. The ITC has terminated patent infringement investigation 337-TA-982 of RF capable integrated circuits and products containing the same with respect to several patent claims asserted by complainant ParkerVision Inc.

Electronic Devices. The ITC has terminated patent infringement investigation 337-TA-981 of electronic devices containing strengthened glass and packaging therefor on the basis of the withdrawal of the complaint by Saxon Glass Technologies Inc. As a result, no IPR-related import restrictions will be imposed on these goods.

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