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IPR News: Network Devices, Pocket Lighters

Wednesday, February 13, 2019
Sandler, Travis & Rosenberg Trade Report

Import Restrictions Remain for Network Devices. In patent infringement investigation 337-TA-944, the International Trade Commission has determined not to modify or suspend the limited exclusion order and cease and desist order it issued in 2016 against network devices, related software, and components thereof that were found to infringe patents asserted by Cisco Systems Inc.

Based on a settlement agreement with the respondent, Cisco requested that the ITC modify these orders to expressly exempt the respondent’s redesigned products. However, the ITC states that it has only suspended or temporarily rescinded remedial orders in very limited circumstances involving adjudication in other tribunals and that it will not do so under the circumstances presented in this investigation.

New Investigation of Pocket Lighters. The ITC has instituted investigation 337-TA-1142 to determine whether imports of pocket lighters are violating Section 337 of the 1930 Tariff Act by reason of trademark infringement. Complainant BIC Corporation requests that after this investigation the ITC issue an 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 respondents in this investigation are located in China, Hong Kong, and the U.S.

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