IPR Enforcement Actions on Optoelectronic Devices, Mobile Phones, Tablets
Import Restrictions Considered for Optoelectronic Devices. The International Trade Commission is soliciting public comments through Jan. 13 on the public interest issues raised by the potential issuance of remedial orders against imports of certain optoelectronic devices for fiber optic communications, components thereof and products containing the same that violate patents owned by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd. and Avago Technologies U.S. Inc. Comments should address whether the issuance of a limited exclusion order and a cease and desist order 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 recommended orders are used in the U.S.;
- identify any public health, safety or welfare concerns in the U.S. relating to the recommended 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 recommended orders within a commercially reasonable time; and
- explain how the LEO would impact consumers in the U.S.
New IPR Infringement Petition on Mobile Phones and Tablets. The International Trade Commission received Dec. 18 on behalf of Pragmatus Mobile LLC a petition requesting that it institute a Section 337 investigation regarding certain wireless devices, including mobile phones and tablets. The proposed respondents are located in Finland, Korea, Japan, Sweden, China 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.