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IPR Enforcement Actions on Electronics, Communication Devices

Tuesday, May 21, 2013
Sandler, Travis & Rosenberg Trade Report

New IPR Infringement Petition on Consumer Electronics. The International Trade Commission received May 17 on behalf of Graphics Properties Holdings Inc. a petition requesting that it institute a Section 337 investigation regarding certain consumer electronics with display and processing capabilities. The proposed respondents are located in Japan, Taiwan, 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.

Probe of Secure Communication Devices Terminated. The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-858 of certain devices with secure communication capabilities, components thereof and products containing same. This action follows the ITC’s decision not to review an initial determination of the presiding administrative law judge denying respondent Apple Inc.’s motion for sanctions and granting the motion of complainants VirnetX Inc. and Science Applications International Corporation to terminate this investigation in its entirety so they can focus on their district court litigation.

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