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New IPR Enforcement Petitions on Electronic Devices, Magnetic Tape Cartridges

Wednesday, December 28, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has received separate petitions requesting that it institute Section 337 investigations regarding (a) electronic devices, including mobile phones, tablet computers, and components thereof (complainant Nokia Technologies Oy; proposed respondent located in the U.S.) and (b) magnetic tape cartridges and components thereof (complainants Sony Corporation, Sony Storage Media and Devices Corporation, Sony DADC US Inc., and Sony Latin America Inc.; proposed respondents located in Japan 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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