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IPR Enforcement: Microfluidic Devices, Omega-3 Products

Monday, September 04, 2017
Sandler, Travis & Rosenberg Trade Report

Microfluidic Devices. The International Trade Commission has instituted investigation 337-TA-1068 to determine whether imports of microfluidic devices are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are commonly referred to as chips or cartridges and are specifically designed to use either alone or in combination with genetic sequencing platforms.

Complainants Bio-Rad Laboratories Inc. and Lawrence Livermore National Security LLC request 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.

Omega-3 Products. The ITC received Aug. 30 on behalf of Amarin Pharma Inc. and Amarin Pharmaceuticals Ireland Ltd. a petition requesting that it institute a Section 337 investigation regarding synthetically produced, predominantly EPA omega-3 products in ethyl ester or re-esterified triglyceride form. The proposed respondents are located in the Netherlands, Peru, Canada, China, Norway, Chile, the United Kingdom, 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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