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IPR Enforcement: Oligosaccharides, Collapsible Sockets, Graphics Systems

Monday, June 18, 2018
Sandler, Travis & Rosenberg Trade Report

Human Milk Oligosaccharides. The International Trade Commission has instituted investigation 337-TA-1120 to determine whether imports of human milk oligosaccharides are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainant Glycosyn LLC requests 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 Germany.

Collapsible Sockets. In investigation 337-TA-1056, the ITC has issued a general exclusion order prohibiting the unlicensed importation of certain collapsible sockets found to infringe one or more specified patent claims asserted by PopSockets LLC. The ITC has also determined to set a 100 percent bond on imports of infringing goods during the 60-day period the president has to review the ITC-ordered remedy.

Graphics Systems. In patent infringement investigation 337-TA-1044 of graphics systems, components thereof, and consumer products containing the same, the ITC’s presiding administrative law judge has found a violation of Section 337 and recommended the issuance of a limited exclusion order and cease and desist orders. The ITC is requesting comments by June 28 on the form of remedy, if any, that should be ordered; the effect of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and the amount of the bond under which infringing articles could continue to enter the U.S. during the 60-day period the president has to review any ITC-ordered remedy.

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